For an insurance attorney to know the insurance adjuster did something wrong when it comes to a lawsuit is not good enough. When filing a lawsuit, the allegations of wrongdoing by the adjuster must be properly alleged in the lawsuit papers. This is illustrated in the Southern District, Corpus Christi…
As has been said many times and will be said many more times, the insurance companies prefer to have their cases in Federal Court. The rules of procedure, in the opinion or most lawyers, are more favorable to insurance companies. The pleading standards are illustrated yet again in a Western…
The Law Offices of Mark S. Humphreys announces the settlement of another Credit Life & Disability policy. In this case, Mark’s client purchased an automobile and as part of the purchase Mark’s client was offered the opportunity to purchase a ”’Credit Life & Disability” policy which would pay off his…
It is well known among insurance lawyers that an insurance company always wants to have its lawsuit contested in Federal Court. The U.S. Southern District, Corpus Christi Division, issued an opinion in 2018, that deals with the subject of which court a case should be litigated. The style is, La…
National Law Review published an article dated January 17,2019, titled “Some Thoughts On Proving An Insurance Contract In Court.” The article tell us insurance companies often have their backs against the wall in any dispute. Typically, in a coverage or premium action brought by the insurance company, it bears the…
A 1994, Texas Supreme Court opinion styled, Chicago Title Ins. Co. v. McDaniel, is a case that says title insurance is different than your normal insurance. This is a summary judgment case in favor of the insurer. This Court affirmed the finding in favor of Chicago Title. In September 1983,…
Texas Insurance Code, Section 541.060(a)(1), says it can be bad faith for an insurer to misrepresent to a claimant a material fact or policy provision relating to a coverage issue. The 1990, Texas Supreme Court opinion, Black v. Victoria Lloyds Ins. Co., provides some guidance on this topic. Wood Brothers…
Texas Insurance Code, Section 541.060(a)(7) requires an insurance carrier to conduct a reasonable investigation when refusing to pay a claim. The Texas Supreme Court 2009, opinion styled, Tex. Mut. Ins. Co. v. Morris, found there was sufficient evidence to support finding the insurance carrier refused to pay a claim without…
An inconsistent investigation and the insurance company relying on it is bad faith according to the 1988, Dallas Court of Appeals opinion, Harco Nat’l Ins. Co. v. Villanueva. The owner of a truck reported the theft of the truck to his insurance company, Harco. Harco’s investigator stated that he saw…
An insurance company may breach its duty of good faith and fair dealing by failing to reasonably investigate a claim. As an example, in the 1997, Texas Supreme Court opinion, Universe Life Ins. Co. v. Giles, the insurer could not escape liability merely by failing to investigate the claim so…