Here is a 2021, opinion from the Northern District of Texas, Dallas Division, wherein the insurance company missed a deadline and tried to excuse the mistake. The styled of the opinion is, Aldo Cueller v. Safeco Insurance Company of Indiana. Aldo sued Safeco in state court for breach of contract…
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…
Here is an interesting case dealing with hail damage. This is a 2021, case from the San Antonio Court of Appeals. It is styled, Allstate Vehicle And Property Insurance Company v. Peter Reininger. The opinion is an appeal from a jury trial in favor of Reininger. The opinion is lengthy…
Here is a case from the Eastern District of Texas wherein the insureds did not show that the damages they received were the result of a covered damage. The case is styled, Tim Whatley and Sheila Whatley v. Great Lakes Insurance, SE and McClelland & Hine, Inc. In this case,…
Texas homeowners have just experienced the worst loss state wide that has ever been experienced. Homeowners will be reeling from the damage and hopefully the insurance companies treat all their customers fairly. Unfortunately, there will be many customers who end up having their claim denied for one reason or another.…
Do homeowner insurance policies cover a collapse of the home? It sounds like a simple question but as is illustrated in a 2020, opinion from the Southern District of Texas, Houston Division, it is not as simple as it looks. The opinion is styled, Beatrice Stewart v. Metropolitan Lloyds Insurance…
Here is a homeowners claim from the Northern District of Texas, Amarillo Division, that is interesting. The case is styled, Valerie Smith v. State Farm Lloyds. This is a summary judgment opinion wherein State Farm asserts that it is entitled to summary judgment because it notified Smith two months before…
Home owners claims are a frequent source of litigation. Here is a case from the Northern District of Texas, Fort Worth Division, that has a little different twist to it. The case is styled, Allen Ripley, et al v. State Farm Lloyds. Ripley’s home was damaged by a hail storm…
Insurance lawyers need to know the various ways other insurance lawyers have attempted to pursue an insurance company and the ways that work and the ways that do not or have not worked. Here is a different approach that failed to work. This is an opinion from the Northern District…
What is a First Party claim versus a Third Party claim? A “first party” policy typically involves insurance that provides policy benefits directly to the insured or beneficiary in the event of a loss. The Texas Insurance Code, Section 541.051(2) defines “first party claim” as a claim “by an insured…