Insurance companies and insurance agents have no general duty to obtain coverage nor to make sure the coverage is adequate. On the other hand, courts have found insurance companies liable for affirmative misrepresentations, and an insurance agent who undertakes to procure insurance for another owes a duty to a client…
Insurance claims denial and negligence related to the insurance policy and claims are questions for insurers and the insured. Here is a few things to keep in mind. Negligence, in the insurance context as in others, consists of three elements: (1) a legal duty owed by one person to another;…
Bad Faith insurance claims are common complaints when dealing with claims being denied. When fighting these cases a common tactic is to sue the adjuster for the wrongs the adjuster did in causing the claim to be denied. When suing an adjuster the insurance company is going to always claim…
Insurance claims lawyers are well aware that insurance companies prefer to litigate in Federal Court. Proper pleading can often times prevent a case from being litigated in Federal Court. Usually suing the adjuster who handled the claim will prevent removal to Federal Court. The key is properly pleading claims against…
Lawyers handling insurance claims that have been denied frequently have a conversations with clients about “bad faith” insurance. Bad faith, generally speaking, often times centers around whether or not an insurance company has committed a fraud. If allegations of fraud are going to be alleged, insurance lawyers need to understand…
Insurance agents misrepresenting the terms and conditions of an insurance policy is a common complaint. Here is a 1994, Texas Supreme Court opinion styled, Celtic Life Insurance Company v. John D. Coats, Jr. This case presents three issues relating to an insurance company’s liability for its agent’s representations: first, whether…
Filing a lawsuit is not as simple as saying the words. One common reason for suing an insurance company is based on allegations of fraud. A 2021, opinion from the Southern District of Texas, Galveston Division, shows that pleading fraud an insurance company has to meet certain criteria or the…
Bad Faith insurance is a frequent topic when a person feels like they have been treated improperly by their insurance company. This issue is discussed in a 2021 opinion from the Eastern District of Texas. The opinion is styled, Aspen Specialty Insurance Company v. Yin Investments USA, LP. This opinion…
An old Insurance Lawyer once stated about “bad faith” that if you have to have an expert to tell you whether the insurance company acted in bad faith, or not, then there probably not bad faith in whatever the insurance company did. In 2021, a court in the Western District…
Hee is a 2021, opinion dealing with bad faith claims by an insured and the insurance company efforts to dispose of the bad faith claim via summary judgement. The opinion is from the Southern District of Texas, Houston Division, and is styled, GeoVera Specialty Insurance Company v. Sam Walker. The…