Mason County insurance lawyers learn pretty quick that an insurance agent does not have to tell a customer everything about the insurance policy they purchase. This is illustrated in a 2000 San Antonio Court of Appeals opinion styled, Nwaigwe v. Prudential Property & Casualty Insurance Company. Moses Nwaigwe sued Prudential…
Kimble County, Junction Texas – Even a place that is rural and secluded has to deal with insurance issues. One of those issues at some point on a claim will be – when does coverage begin on the policy at issue. This is discussed in a 1996, Texarkana Court of…
The Insurance Journal has published an article that insurance lawyers and anybody who has property insurance needs to pay attention to. The article is titled, Battle Over Property Claims And Litigation In Texas Set To Continue In 2017. If a Dec. 1, 2016, hearing is any indication, Texas lawmakers will…
Many people get their insurance through a broker. Can a broker be liable the same as an agent. The short answer is “yes.” A 1995, Houston Court of Appeals [1st Dist.] discusses an issue with a broker. The opinion is styled, Seneca Resources Corp. v. Marsh & McLennan, Inc. Marsh…
For most lawyers practicing insurance law, the above question may be obvious. But there are situations where it is not so obvious and even though one may assert the act of agency, it is not. A Houston Court of Appeals [14th Dist.] opinion illustrates a situation where the alleged agent…
An insurance lawyer wants to be able to know when an agent can be held liable for his actions in selling an insurance policy. A Houston Court of Appeals [1st Dist.] looked at this issue in 2003. The style of the case is, Vecellio Insurance Agency v. Underwriters Insurance Company.…
For lawyers handling homeowners claims, a 14th Court of Appeals opinion needs to be read. The case is styled, American Risk Insurance Company, Inc. v. Veronika Serpikova. Veronika purchased a house in Houston (the Property). She purchased a policy to insure the house from American. At first, Veronika and her…
Any insurance lawyer who has filed very many lawsuits knows that one key to helping their client have a good result is to be able to keep their case out of Federal Court. One way of doing this is by properly suing the claim adjuster. One successful way of doing…
Most insurance lawyers already know the law regarding uninsured (UIM) claims and extra-contractual damages. A Dallas Court of Appeals opinion restates it. The opinion is, In Re Geico Advantage Insurance Company and Celia Stefl. This is a mandamus proceeding wherein the real party in interest, Marion Thorpe, sued Geico and…
Whether an insurance plan falls under ERISA (Employee Retirement Income Security Act) or not, is a question routinely asked. However, it is not a question easily answered. A Southern District, Galveston Division opinion helps. The opinion is styled, Kirstin Walker v. Regence Blue Cross Blue Shield of Texas. The is…