Hail damage claims are a frequent source of litigation. The insured says the damage occurred in the last storm. The insurance company says the damage is wear and tear or occurred in another storm under a different insurance policy. The argument about when and how the hail damage occurred generally…
Insurance lawyers in the Dallas and Fort Worth, plus other parts of the state, need to read this 2022, United States 5th Circuit opinion. It is styled, Advanced Indicator And Manufacturing, Incorporated v. Acadia Insurance Company; Nicolas Warren. Advanced asserts it suffered damage to the roof of its building as…
Here is a 2022, opinion from the Northern District of Texas, Lubbock Division, that deals with recovery of attorney fees under Section 542A of the Texas Insurance Code. The opinion is styled, Mario Rodriguez v. Safeco Insurance Company of Indiana. This is a decision based on Safeco’s motion for summary…
Hail damage claims have few unique aspects to themselves. One of those unique aspects is that an insurance company claims the damage to a roof is the result of something other than the recent hail storm a homeowner is claiming, then the homeowner has to properly present the claim to…
Bad Faith Insurance – It’s been said that if you need an expert to explain bad faith, then you probably don’t have a case. However, there may be an expert needed on other aspects of the case. Our last Blog explained part of the way that courts look at experts. …
Insurance attorneys who get involved in very many lawsuits will have situations where an expert is required. When that happens, it is vital to understand what the courts will accept and not accept as it relates to experts. This is discussed in a 2022, opinion from the Northern District of…
A frequent insurance problem in Texas is damage alleged to have been caused by a hail or wind storm. This issue is even confusing for the Courts. Here is a case discussing this issue and in the opinion, the United States Fifth Circuit is asking the Texas Supreme Court on…
A claim against an insurance company generally speaking, will involve at least two distinct claims. One for a breach of the insurance contract and a second claim for the insurance company acting in “bad faith” in their handling of the claim. This issue was discussed in a 2022 opinion from…
To show an insurance company has acted in “bad faith” an insured must first show that the insurance company has breached the insurance contract. This is discussed in a 2022, opinion from the Western District of Texas, San Antonio Division opinion. The opinion is styled, Rosemarie Wheeler v. Safeco Insurance…
To show an insurance company has acted in “bad faith” an insured must first show that the insurance company has breached the insurance contract. This is discussed in a 2022, opinion from the Western District of Texas, San Antonio Division opinion. The opinion is styled, Rosemarie Wheeler v. Safeco Insurance…