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,…
Texas law requires pre-suit notice in many situations. The Texas Insurance Code requires pre-suit notice before certain homeowners claims can be litigated. An example of this is found in the 2018 opinion, Dwight Davis v. Allstate Fire and Casualty Insurance Company. The opinion is from the Eastern District of Texas,…
The U.S. District Court, Eastern District, Sherman Division, issued an opinion in May 2018, styled, James Cunningham and Tabatha Cunningham v. Allstate Vehicle and Property Insurance Company. The Cunningham’s allegedly suffered damages during a hail and windstorm. The claim was reported to Allstate and five days later Allstate inspected the…
The United States District Court, S.D. Texas, McAllen Division, denied a defense motion for summary judgment in a case where the defendant settled a claim with a homeowner who had two claims, asserting that the release covered both claims. The case is styled, Aidee Bazan v. State Farm Lloyds. Bazan…
The United States District Court, Northern District Texas, Abilene Division, issued an opinion March 13, 2018, that is worth reading to note deficiencies in a case against State Farm. It is styled, Bob Click v. State Farm Lloyds and Rob Allen. Pleadings in Federal Court are strict. This case was…
The United States District Court for the Northern District of Texas, Judge Boyle, issued an opinion on March 9, 2018, wherein the court denied the insurance company request for summary judgment. The case is styled, Padilla v. Allstate Fire and Casualty Insurance Company. This dispute arises from a claim for…
Too many homeowner claims resulting from a fire get denied by the insurance company because the insurance company believes they can prove the fire was the result of arson. The Insurance Journal ran a story in March 2018, that illustrates that sometimes the insurance company is right. The story is…
CNBC published an article in February 2018, titled, “Florida Shootings May Complicate Insurance For Gun Owners.” To start with, gun owners need to know that most homeowner policies are not going to cover situations where a person has to use a gun. The policies will cover accidents but not other…
Flood insurance premiums are calculated based upon geographic maps setting forth the boundaries for various flood zones. Because most property insurance policies covering property at fixed locations exclude flooding, flood insurance must be purchased separately. In 1969, Congress created the National Flood Insurance Program to administer the sale of flood…
Insurance lawyers practicing law in urban areas will usually be around a lot of condominiums. Most people do not realize there is insurance that is specifically for condominiums. Two Insurance Services Office (ISO) commercial property forms have been designated for condominium property exposures: Condominium Association Coverage Form; and Condominium Commercial…