Texas insurance lawyers need to know what an insured’s duties are after a loss. One of the most common homeowners policies for Texas home owners is an HOB policy. The HOB policy requires that the insured cooperate with the insurer’s investigation of the claim by promptly submitting notice of the…
When two elements combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. Courts have held that the insurance company will only…
When two events combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. In the San Antonio Court of Appeals case, Wallis…
News from Law 360. While some Texas lawyers are encouraging property owners to quickly lodge claims for Hurricane Harvey damage before a new state property insurance law takes effect on Friday, the reality is that the potential downsides of the legislation — including a lower interest rate on successful lawsuits…
Stephenville homeowner lawyers need to read this opinion from the United States 5th Circuit Court of Appeals. The opinion is styled, State Farm Fire & Casualty v. Cedric Flowers. This is a appeal from a summary judgment granted in favor of State Farm in a declaratory judgement action. In 2008,…
Parker county insurance lawyers will see lots of homeowners claims resulting from hail damage claims. When this occurs and the insurance company does not want to pay the claim and a lawsuit is filed, the likely result is the insurance company trying to have the case heard in Federal Court. …
House fire claims being denied is a regular part of doing for insurance law lawyers. “The Tribune” published a story in March titled, Tracking Phones: Insurers Deny Claims Based On Doubtful Data. Here is what the story tells us. It took Jaclyn Bentley nearly three years to prove she didn’t…
Coastal Texans – you have to know your flood insurance policies. This is perfectly illustrated in a 2016, Southern District, Galveston Division, opinion. It is styled, Lobeck v. Licatino, et al. The case was decided on a summary judgment. In a nutshell, Lobeck bought property that, unknown to her, was…
The Fort Worth Court of Appeals issued an opinion in February 2017, that is good reading for insurance lawyers. It essentially points out in a case, what was not done correctly. The opinion is styled, Seim v. Allstate Texas Lloyds. This is claim against a homeowners policy issued by Allstate…
The Insurance Journal published an article on an opinion issued by the Texas Supreme Court that will have an impact on all property owners in the State of Texas. The title of the article is, Texas High Court Sides With Policyholder In Ike Damaged Property Case. When is a fence…