It is important in an insurance lawsuit whether or not the insurance company is subject to being sued for bad faith claims handling or whether or not there is a bona fide dispute about coverage. A bona fide dispute rids the lawsuit of claims related to bad faith issued. This…
The law clearly in Texas clearly places the burden on segregating damages on the insured. This issue is discussed in a 2022 opinion issued by the Northern District of Texas, Dallas Division. The styled of the opinion is Benham Bagheri v. State Farm Lloyds. This is a first-party insurance coverage…
How does an insurance lawyer know whether or not his insurance plan is governed by the Employee Retirement Income Security Act of 1974? Here is a November 2022 opinion that discusses how to determine whether or not an insurance plan is governed by ERISA. The opinion is from the Western…
Who is the named beneficiary primary beneficiary under the policy and will that person always be the person who receives the policy benefits is a question many life insurance attorneys are asked by prospective client. This issue is discussed in a 1981 Eastland Court of Appeals opinion styled, Pilot Life…
Are spouses always entitled to life insurance benefits when the other spouse dies? Life insurance lawyers need to be able to discuss this with prospective clients. One spouse can designate his or her estate as the beneficiary of the policy, at the expense of the other spouse, absent any showing…
Hail damage claims are a frequent source of litigation. The insured says the damage occurred in the last storm. The insurance company says the damage is wear and tear or occurred in another storm under a different insurance policy. The argument about when and how the hail damage occurred generally…
Suing insurance adjusters has been made clearer after the courts have made rulings interpreting Texas Insurance Code, Rule 542A.006(b). This is addressed further in a 2022, magistrate’s ruling from the Northern District of Texas, Abilene Division. The opinion is styled, David Buttross d/b/a FL20, Inc. vs. Great Lakes Insurance SE.…
Suing insurance agents who do wrong is something an insurance lawyer needs to look at closely. Here is a 2022, opinion from the Southern District of Texas, McAllen Division, that deals with an insurance agent. The opinion is styled, J & G Trejo Enterprises, Inc. d/b/a Best Medical Supply vs.…
For attorneys handling life insurance claim, a 1998, opinion from the Corpus Christi Court of Appeals is a good read. The opinion is styled, Camp v. Camp. In this opinion, Rebecca Camp (“Rebecca”) appeals a summary judgment denying her the proceeds of her deceased husband’s term life insurance policy. Rebecca…
Life Insurance cases run a wide gamut of issues. Here is a 1997, Austin Court of Appeals decision that deals with the denial of life insurance benefits due to an aviation exclusion. The style of the case is, Board of Trustees of the Employees Retirement System of Texas v. Linda…