Attorneys who handle insurance claims denial cases learn real fast about the requirement to segregate damages, especially with roofing cases. This is illustrated in a 2020, Eleventh Court of Appeals opinion styled, Prime Time Family Entertainment Center, Inc. v. Axis Insurance Company and Andrew Jencks. This case presents the question…
Bad Faith claims will sometimes require a separate trial. This is illustrated in a 2020, Tyler Court of Appeals opinion styled, In Re: Progressive Casualty Insurance Company. This case is a mandamus action resulting from the trial court refusing to sever and abate the extra-contractual claims and compelling discovery. The…
Here is a life insurance denial case that is a bit confusing at the least. The opinion is a 2020, opinion from the Western District of Texas, San Antonio Division. It is styled, Tina M. Hale, as next of kin of Michael Hale, Deceased v. Assurity Life Insurance Company. On…
The primary purpose of liability insurance is to cover harms caused by negligence. Thus, an intentional act is not covered. This is discussed in a 2020, opinion from the Eleventh Court of Appeals. The opinion is styled, Joe Torres v State Farm County Mutual Insurance Company of Texas. This is…
Claim denial attorneys know that a prerequisite to filing a lawsuit against an insurance company for a first party claim is to give a pre-suit notice letter. Failure to do so will result in a loss of potential causes of action. This is illustrated in a 2020, opinion from the…
Here is a case from the Northern District of Texas, Dallas Division, that discusses the voluntary / involuntary rule related to joining adjuster in a lawsuit. This 2020, opinion is styled, Jason Bowers and Casi Bowers v. Chubb Lloyd’s Insurance Company of Texas. The Bowers who alleged to have suffered…
When a claim gets denied and the insured has to file a lawsuit, a decision has to be made as to which Court the lawsuit should be filed. For the insured, that decision is usually to file suit in the State or County Court. However, the insurance company is virtually…
The issue of which county is a proper county to file a lawsuit against an insurance company is not normally an issue. However, a 2020, Beaumont Court of Appeals had this issue before them in a mandamus action styled, In Re Mountain Valley Indemnity Company, Shane Waddell, Lonnie Tidwell, National…
Insurance lawyers learn quickly that when suing an insurance agent who sold a policy that the allegations against the agent must be specific. Being too general with allegations can result in a battle being fought in Federal Court when usually the lawyer would want the fight to be in State…
Insurance lawyers need to read this 2020, opinion from the United State Fifth Circuit Court of Appeals. It is a good opinion for attorneys who represent policy holders. The opinion is styled, Jesus Agredano: Margaret Agredano v. State Farm Lloyds. The Agredando’s sued State Farm after State Farm denied their…