What is the value of my/an insurance claim? That questions is often asked and the answer will vary depending on many factors. However, one of the factors that is important and asked by people seeking legal advice is, “Can I get back my legal fees?” This issue is discussed in…
What is the value of a claim? That is always the question. Just how much can be recovered depends on lots of factors. The Southern District of Texas, Houston Division, had a case recently wherein the insurance company filed suit in the Federal Court and the defendant tried to have…
Being able to discuss the potential recovery when an insurance company wrongfully denies a claim is a topic any Dallas or Fort Worth insurance lawyer needs to be able to discuss with a client. Policy benefits are the basic recovery allowed for an insurer’s breach of its contractual obligations. An…
A Texas Hill Country Insurance Lawyer will need to be able to discuss the value of a claim with a new client. This discussion needs to be had along with a discussion of what court the case will be fought. The Eastern District, Sherman Division, issued an opinion on how…
There probably is not any insurance lawyer that can specifically tell a client exactly what the value of a claim is. But there are issues, legal and otherwise, to consider when trying to determine the value of a claim. A 14th Court of Appeals opinion offers so guidance. The opinion…
Lawyers handling property damage claims will find this article interesting. The article is from the Claims Journal. It was published in September 2016, and is titled, Damage To Property Without Market Value. The amount and dollar value of insurance claims relating to property loss alone dwarf all other lines of…
A 1998, Dallas Court of Appeals case is a good read for lawyers wanting to recover mental anguish damages in bad faith insurance cases. The case is styled, State Farm Lloyds v Johns. Johns house was built in 1964. Johns moved in to her house in 1972. In the summer…
A 1998, Dallas Court of Appeals case is a good read for lawyers handling bad faith insurance cases. The case is styled, State Farm Lloyds v Johns. Johns house was built in 1964. Johns moved in to her house in 1972. In the summer of 1990, Johns noticed evidence of…
Damages and coverages available under an insurance policy will vary depending on the circumstances and policy language. As it relates to a claim for emotional distress, a 1994, 5th Circuit Court of Appeals case is a good read. The opinion is styled, Travelers Indemnity Co. v. Holloway. In this declaratory…
Texas insurance lawyers have to read the recent Texas Supreme Court case, J&D Towing, LLC v. American Alternative Insurance Corporation. The facts are set out in the March 3 writing. This is an appeal from the Waco Court of Appeals. The Court starts out: We begin with first principles. Compensation…