Not just Kimble County automobile owners but everyone should be concerned about a story published recently in the New York Times. It is titled, “Millions Live Where Car Insurance Is Unaffordable, Study Says.” Millions of Americans live in areas where auto insurance is unaffordable according to a new analysis from…
Dallas Fort Worth Insurance Lawyer Blog
Wrong Age On Insurance Application
What can happen when the wrong age is on a life insurance application? If you are a Mason County insurance lawyer, you should read this Northern District, Dallas Division, opinion. It is styled, Jackson National Life Insurance Company v. Lance Robbins, et al. On a prior opinion in this case,…
What Is The Value Of A Claim
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…
Notice Of A Hail Claim Needs To Be Communicated To The Insurance Company ASAP
Weatherford insurance lawyers who handle hail claims will tell clients that a hail damage insurance claim needs to be reported to the insurance company as soon as possible. This issue is discussed in a 2016, United States 5th Circuit Court of Appeals opinion. The opinion is styled, Hamilton Properties v.…
Insurance Policies – Waiver And Estoppel
A problem for Kimble County insurance lawyers is knowing and being able to predict how a Judge will interpret an insurance policy. This topic is discussed in a State Bar of Texas, Insurance Section article. The article is titled, The Tentative Draft Of The Restatement (Third) Of Liability Insurance: How…
Insurance Company Failure To Pay Claim
What happens when an insurance does not pay a claim that it was suppose to pay? That issue is dealt with in the Texas Insurance Code by statute and by courts interpreting the statute. A particularly strict deadline for insurance companies is the requirement in Texas Insurance Code, Section 542.058(a)…
ERISA = No Jury Trial
Most people who find themselves in court like to think they are entitled to a jury trial. Claims against ERISA insurance policies is one of those places where a jury trial is not permitted. A recent Southern District, Houston Division opinion illustrates this. The opinion is styled, Deo G. Shanker…
Insurance And Unjust Enrichment
Do you own the property that is insured? That is a question that matters in an insurance claim. This is illustrated in a Southern District, Houston Division opinion issued in late 2016. The opinion is styled, Cynthia Banion V. Geovera Specialty Insurance Company and Rick Calvert. Cynthia sued Geovera to…
Abuse Of Discretion – ERISA
Dallas and Fort Worth lawyers who handle ERISA claims need to read this recent Eastern District of Texas, Sherman Division opinion. It is styled, Martha Shindoll v. United of Omaha Life Insurance Company. Shindoll had an ERISA plan through her employer that provided short and long term disability benefits. In…
Interpreting An Insurance Policy
One of the first things Dallas and Fort Worth insurance lawyers want to do in an insurance case is to read the policy. The next thing would be to know how the courts interpret policies. A recent article from the State Bar of Texas, Insurance Section, is a must read…