Most insurance lawyers can tell a new client that the fact an insurance company refuses to pay a claim it should have paid does not make the insurance company liable for a bad faith insurance claim. The 1998, Texas Supreme Court case, Provident American Inc. v. Castanden, helps explain this.…
Lawyers handling “bad faith” insurance cases need to understand how bad faith is treated by Texas common law. This blog spends a lot of space dealing with the Texas Insurance Code and how violations of those statutes is bad faith insurance. Under Texas law, there is also a common law…
Personal injury attorneys in Dallas would want to know and understand this case. It is a 20024, Texas Supreme Court case styled, Texas Farm Bureau v. Sturrock. Here is the relevant information. In this case, an insured was injured when his foot became entangled with his truck’s raised door facing…
Insurance lawyers in Dallas need to be able to tell a new client whether or not they have a claim worth pursuing. In 1963, the Waco Court of Appeals issued an opinion that insurance lawyers should know about. The style of the case is, Ferguson v. Aetna Casualty & Surety…
Attorneys handling auto claims involving auto insurance need to be aware of this case. It is a Texas Supreme Court case styled Nationwide Insurance Company v. Elchehimi. Here is some of the relevant information. This breach of contract suit stems from the denial of coverage by Nationwide Insurance Company on…
Life insurance lawyers will have to deal with situations where the proceeds of a life insurance policy are interpleaded into the registry of a court. A February 2014, 14th Court of Appeals opinion dealt with this issue. The style of the case is, Branch v. Monumental Life Insurance Company. Here…
Most Texas insurance lawyers already know what a recent Texas Watch poll tells us. Here are some of the results of the poll. A statewide public opinion survey of 603 voters reveals widespread public support for protecting the right of a policyholder to hire an attorney to pursue their interests…
Texas insurance attorneys will be encouraged to read a recent report from Texas Watch. Texas Watch is a consumer advocate group that deals with insurance issues. A February 14, 2013, press release tells us the following: SPECIAL INTEREST PAC JUST CAN’T HANDLE THE TRUTH Access to the civil justice system…
Fort Worth insurance attorneys will come across situations where a claim is denied based on the policy having been cancelled for one reason or another. But what if there is a lien holder and the lien holder is not notified of the policy cancellation. That was the issue in a…
Attorneys who handle insurance claims will generally know what is going on within the insurance industry. While most claims are handled properly and an insurance attorney never hears about those that are handled properly, it is the ones that are not handled properly that come to the attention of insurance…