Dallas insurance attorneys know that misrepresentations in insurance are essentially the same as misrepresentations in any other area of law. The Texas Supreme Court told us in 1990, that a false representation must involve an existing or past material fact, rather than a statement of opinion, judgment, probability, or expectation…
Dallas Fort Worth Insurance Lawyer Blog
Forced Placed Policies
Dallas insurance attorneys who deal with homeowners claims are usually going to have some familiarity with forced-placed insurance policies. Most people will not ever have to deal with forced placed policies, but if you do, it can be a nightmare. Forced place insurance is an insurance policy taken out by…
Pain & Suffering?
Dallas insurance attorneys need to read this Corpus Christi Court of Appeals opinion regarding pain and suffering in an injury case. The opinion was issued in September of 2013, in the case styled Schaffer v. Nationwide. This was a claim for underinsured motorist benefits. Here is some relevant background information.…
Evidence Of Claim Value
Fort Worth insurance lawyers have to be able to prove, with evidence, the value of claims presented. The Corpus Christi Court of Appeals issued an opinion that dealt with evidence in a claim in September of 2013. The style of the case is, Hennen v. Allstate. The case is an…
Insurance Law Attorney
Residents of the Dallas Fort Worth area and everywhere need to make sure they hire an experienced Insurance Law Attorney when they are dealing with a dispute involving an insurance company. The San Antonio Court of Appeals issued an opinion in the case styled, Clark and Nancy Sadler v. Texas…
Different Policy? Same Coverages?
Dallas area insurance attorneys need to be aware of the opinion issued by the Houston Court of Appeals, First District of Texas, in August of 2013. The style of this case is Houstoun, et al v. Escalante’s Comida Fina, Inc. Here is some background information. Between 2003 and 2008, Escalante’s…
Insured’s Fixing Problems
Texas insurance attorneys will find this news from the Texas Supreme Court helpful in advising clients how to proceed in situations where a condition exists and can get worse over time. The news is from The Southeast Texas Record and the title of the article is, “Texas SC: Insurer Must…
Fraud And Misrepresentations In Insurance
Grapevine insurance attorneys need to be able to recognize when fraud or misrepresentation occurs in the insurance context. To accuse an insurance agent or insurance company of fraud there needs to be proof of the following elements: 1) a material representation was made; 2) the representation was false; 3) the…
What If The Insurance Agent Does Something Wrong?
Fort Worth insurance lawyers need to be able to look at the facts of a case and determine whether or not the insurance agent can be held liable for his actions. One thing to keep in mind as was stated in the Corpus Christ Court of Appeals case, In re…
What Is The Agent’s Responsibility?
Fort Worth insurance lawyers when presented with a claim being denied will want to see if the agent who sold the insurance policy did anything wrong. The case law in Texas is pretty clear in that insurance agents have no general duty to obtain insurance nor to make sure the…