Insurance lawyers time and time again have a difficult time properly suing insurance adjusters when their case is in Federal Court. This is illustrated in a June 16, 2021, opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Thomas Paredes and Kerry Paredes v. The Cincinnati…
Articles Posted in Claims Denial
Suing The Business Entity Rather Than The Insurance Company
Here is an unusual situation from the Northern District of Texas, Dallas Division. The opinion is styled, Barry Green, Individually and as Attorney in Fact for Billie Green and Billie Green, Individually v. Allstate Texas Lloyds, Inc. If the unusual aspect of this case is not pointed out in the…
Palo Pinto County And Hail Damage Claim
The Northern District of Texas, Fort Worth Division, decided a case in 2021 wherein the lawyer for insured did a good job of pleading his case. The strange thing about this case is that it was filed in 2021, well after the new section of the Insurance Code was in…
Claims Denial Attorneys – Read This
Here is a 2021, case from Southern District of Texas, McAllen Division, that discusses how courts are to review motions for summary judgment. The opinion is styled, Saul Cantu v. United Property And Casualty Insurance Company. The dispute revolves around a homeowners claim where Cantu suffered alleged damage to his…
Claims Denial And Suing The Adjuster
Insurance lawyers keeping up with the relatively new Insurance Code Section, 542A.006 election need to read this well reasoned case from the Northern District of Texas, Fort Worth Division. The opinion is styled, Leonard D. Morgan, et al. v. Chubb Lloyds Insurance Company of Texas. In this a homeowner’s claim…
Claims Denial And Experts
Fortunately, most insurance claims do not require expert testimony to prove a claim. However, in those situations where an expert is required, a 2021 opinion from the Southern District of Texas, Houston Division, is a good case for guidance on experts. The opinion is styled, Roy P. Labourdette Jr. v.…
Insurance Lawsuits And Counter-Claims
Insurance Lawsuits, like many other claims, result in other persons or entity’s being added to the lawsuit. The relevance here is that often times an adjuster or the agent who sold the policy may need to be part of the lawsuit. A 2021, opinion from the Northern District of Texas,…
Life Insurance Attorney And Insurance Company Attempts To Rescind a Policy
Life insurance lawyers deal with many situations and reasons that life insurance companies use for denying a claim for benefits. A twist to not paying is where the insurance company does not technically deny the claim, rather the company rescinds the policy. As a general legal principle, prior to a…
Insurance Lawsuits Under Texas Insurance Code, Section 542A.006
Here is another lawsuit litigated under Texas Insurance Code, Section 542A.006. The opinion is from the Western District of Texas, San Antonio Division, and is styled, Farzin Tabib and Shahla Afshar v. Metropolitan Lloyds Insurance Company Of Texas and John Crouch. The Court is asked to consider two motion. A…
Insurance Law And Summary Judgment
Insurance attorneys understand that when a claim gets denied that the majority of the time, the insured will either walk away or will hire an attorney to fight the claim denial. When the claim is denied and an attorney is hired, the case is going to end up a lawsuit. …