Insurance lawyers know that they must give proper warning to an insurance company before suing the insurance company. Failure to do so puts a stop to a subsequent lawsuit. This is illustrated in a 2023 opinion from the Southern District of Texas, McAllen Division. The opinion is styled, Laura Navarro…
When making a claim, what is required of the claimant? Here is some guidance. Pursuant to Texas Insurance Code, Section 542.051(4), there is no particular content required, as long as the claim “reasonably apprises the insurer of the facts relating to the claim.” The statute requires that the claim be…
How long does someone have to invoke the appraisal process in an insurance contract? This was addressed in a 2012, opinion from the Beaumont Court of Appeals. The opinion is styled, In Re: Cypress Texas Lloyds. Cypress Texas Lloyds seeks mandamus relief from an order that denies a motion to…
The Texas Insurance Code provides for penalties to insurance companies who pay a claim late. This is illustrated in a 2022, opinion from Texarkana Court of Appeals. The opinion is styled, State Farm Mutual Automobile Ins. Co. & State Farm County Mutual Ins. Co. Of Texas v. Greg Rumbaugh. Greg…
When an insurance lawyer has someone call about an insurance company denying a claim, an experienced insurance lawyer will always ask if the potential client knows about any other reasons the claim could be denied. The reason this question is asked is that an insurance company can deny a claim…
Many times an insurance lawyer is approached by someone who has a claim denied due to the insurance company assertion that the policy has been cancelled. In this regard, understanding the reasons for cancellation are important. “Cancellation” refers to the insurance company’s termination of coverage before the end of the…
First Party Property Insurance Cases are handled by insurance defense firms in certain ways. Here is a look at how most are handled, starting with answering the lawsuit. If the attorney for the plaintiff/insured has not sent a proper notice, the insurance lawyer may want to file a verified answer…
Here is a strange case from the Southern District of Texas, Houston Division. It is a 2020 opinion styled, Pruco Life Insurance Company v. Blanca Monica Villarreal, Transamerica Life Insurance Company v. Blanca Monica Villarreal. This is a hard fought dispute over a large life insurance policy and discovery being…
It is easy to get focused on the factual parts of a lawsuit. In other words, what happened, who did what, who said what, etc. As insurance lawyers, the legal aspects of the lawsuit need to be watched carefully. This is illustrated in the November 2020, opinion styled, Tim Long…
The doctrine of concurrent causes is discussed in a 2020, opinion from the Southern District of Texas, Corpus Christi Division. The opinion is styled, Claude Hooker v. United Property & Casualty Insurance Company. Hooker sued his insurance company, United Property & Casualty Insurance Company (UPC) for windstorm benefits after Hurricane…