Fortunately, most insurance claims do not require expert testimony. If expert testimony is needed, here is a 2023 opinion from the United States Fifth Circuit Court of Appeals which needs to be known. The opinion is styled, Cody Horton v. Allstate Vehicle And Property Insurance Company. Horton reported a claim…
Articles Posted in Hail Claims
Homeowners Insurance Claims – Got To Give Notice
Attorneys handling homeowner claims must be aware of the most recent case law regarding the notice provisions of Texas Insurance Code, section 542A. Here is a 2023 opinion from the Northern District of Texas, Amarillo Division, dealing with this issue. The opinion is styled, Toby Brohlin, et al. v. Meridian…
Claim Denied (Attorney Fees)
Insurance lawyers who handle claims being denied are usually asked whether not their attorney fees can be recovered. The answer is usually a “Yes” but their are requirements to be met in order to recover those attorney fees. One of those requirements include giving a pre-suit notice letter in proper…
Hail Damage Claim Attorney
Here is a hail damage claim that has a frequently heard assertion by the insurance company. That assertion being that whatever hail damage exists occurred outside the policy period. This is a 2023, summary judgment opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ…
Hail Damage Claims
From a statistical point of view, less than 2% of all lawsuits result in an actual trial. They either get thrown out of court on a motion for summary judgment or they they get settled. Most get settled. For the cases that go to trial, the public hears about the…
Bad Faith Insurance And Claims Expert
Here is a case discussing bad faith insurance and a claims expert. This is an 2023 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ Bleu Terre Management, LLC v. AmTrust Insurance Company of Kansas, Inc. AmTrust filed a Motion to Strike Expert, PMJ’s…
Hail Damage And Experts
Hail damage claims sometimes require experts to assist in the claim. This is the case in a 2023 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, PMJ Bleu Terre Management, LLC, v. AmTrust Insurance Company Of Kansas, Inc. AmTrust filed a motion to exclude…
Hail Damage – Cosmetic Exclusion
Hail damage claims are common and the wording of “Cosmetic Damage” exclusions that apply to these types of claims are important for an insurance attorney to understand. This issue is discussed in a 2023 opinion from the Western District of Texas, San Antonio Division. The opinion is styled, Charles Wall…
Reasons To Not Delay In Seeking A Remand
As has been discussed many times on this Blog, insurance companies prefer to litigate in Federal Court rather than State or County courts. When an insurance company removes a case to Federal court the insured needs to be prompt in seeking a remand to the State or County court from…
Hail Claims And Insurance Policies
Hail damages claims can be tough and this 2023 opinion doesn’t help. The opinion is from the Northern District of Texas, Amarillo Division. It is styled, Phouthasith Amphay v. Allstate Vehicle and Property Insurance Company. Plaintiff alleges hail damage to his dwelling and made a claim against his insurer, Allstate. …