Insurance policies have to be read carefully by an insured and by the insurance law lawyers who want to help the insured. This is illustrated in an Austin Court of Appeals case styled, Progressive County Mutual Insurance Company v. Edwin Emenike. This is a summary judgment case granted in favor…
Knowing the statute of limitations on a case is vital. This is illustrated in a 2018, Southern District of Texas, Houston Division opinion styled, Lillian Smith v. Travelers Casualty Insurance Company of America. Smith sued Travelers for violations of the Texas Deceptive Trade Practices Act (DTPS), Texas Insurance Code violations,…
The wrongs committed by insurance companies would surprise most people. A person pays his premiums and maybe has friendly conversation with their agent and they figure that when they make a claim, the claim will be properly paid. While most insurance claims are handled without the need for lawyers to…
Here is another case looking at experts in insurance cases. The case is from the Eastern District, Sherman Division, and is styled, La Verdure & Associates v. Depositors Insurance Company. Plaintiff, La Verdure filed suit against Depositors for alleged violations of the Texas Insurance Code, the DTPA, and breach of…
The above question is usually not easy to answer. Aledo insurance lawyers need to read a 1976 case from the Waco Court of Appeals. The opinion is styled, Westchester Fire Insurance Co. v. English. Posing as husband and wife when in fact they were not married, a couple purchased a…
What happens when an insurance does not pay a claim that it was suppose to pay? That issue is dealt with in the Texas Insurance Code by statute and by courts interpreting the statute. A particularly strict deadline for insurance companies is the requirement in Texas Insurance Code, Section 542.058(a)…
A Weatherford insurance lawyer will always tell you “read the policy” or risk losing on a case where you otherwise thought you had coverage. A recent case may change that advice, depending on the facts. When a plaintiff fails to read an insurance policy, they usually don’t have much of…
Insurance attorneys in Texas need to know how the “misrepresentation defense” works. A good illustration in found in this January 2016, opinion from the Waco Court of Appeals. The case is styled, Karl Wallace v Amtrust Insurance Company of Kansas, Inc. Until the time of his death in 2007, Wallace’s…
Attorneys handling hail damage insurance claims need to read this opinion from the U.S. District Court, Northern District of Texas, Fort Worth Division. The case is styled, Monclat Hospitality, LLC vs Landmark American Insurance Company. This case was filed in State District Court in Tarrant County and then removed by…
Insurance lawyers who handle home owners claims are all aware of the “vacancy exclusion” in a home owners policy. They may vary slightly from policy to policy but almost of the policies are going to have an exclusion that excludes losses that result when a home or building is vacant…