Attorneys who handle ERISA claims can tell you how difficult these ERISA cases are to win. When someone makes a claim under an ERISA policy, the plan administrator renders a decision. The claimant is advised how to appeal the decision if the claimant does not like the result. When the…
Dallas and Fort Worth insurance lawyers know all too well the games some insurance companies play to beat the system. That knowledge has taken on new meaning after reading this story from BloomBerg. The story is titled, State Farm Faces Suit Over Claims It Bankrolled Judge. Some customers of State…
Benbrook insurance attorneys can discuss the penalties for delays in paying a claim. These penalties are spelled out in the Texas Prompt Payment of Claims Act (TPPCL) and are found in the Texas Insurance Code. The amount of an insured’s claim (and/or the amount for which an insurer is liable)…
Mineral Wells insurance lawyers know that when making a pre-suit demand on an insurance company that making an excessive demand can be more harm than good. This is discussed in a Houston Court of Appeals [1st Dist.] opinion released in August 2016. The case is styled, United Services Automobile Association…
Insurance lawyers in the Dallas and Fort Worth area know that insurance companies prefer to litigate cases in Federal Court while the opposite is true for lawyers representing an insured. A recent Northern District, Dallas Division case deals with suing the agent in Federal Court. The case is styled, B&B…
Insurance law attorneys can tell war stories about situations where an insurance agent has been caught stealing from customers. This was recently highlighted in an August 29, 2016, article published by the Insurance Journal. The article is titled “California Insurance Agent Nabbed For Fraud Scheme Involving 100-Plus Policies.” Vicki Lee…
Life insurance lawyers will try to avoid what happened in an opinion from the Southern District of Texas in 2016. The opinion is styled, Hendrix v. Wal-Mart Stores. Kimberly Hendrix sued Wal-Mart Stores, Inc., Associates Health and Welfare Plan, and The Prudential Insurance Company of America because they denied her…
A Houston Division opinion discusses how to properly plead a lawsuit when an insurance company makes false statements. The opinion is styled, Mt. Olive Missionary Baptist Church v. Underwriters at Lloyds. Mt. Olive alleges a storm caused damage to the Church including damage to the roof, HVAC, windows, exterior, interior,…
Lawsuits involving claims for uninsured/underinsured (UIM) benefits are in their own little category for the way the courts handle them. This is illustrated in a 2016, Tyler Court of Appeals opinion titled, In Re: AAA Texas County Mutual Insurance Company. Vehicles driven by Thomas Jackson and Patricia Tompkins collided. Jackson…
Total loss cases dealing with automobiles have certain rules that apply. A Dallas Court of Appeals case discusses this issue. The opinion is styled, Sunny Letot v. United Services Automobile Association. There are multiple issues in this case but the opinion dealing with the total loss of an automobile is…