Insurance lawyers will tell their clients to read the insurance policy and then the attorney can discuss with the client how courts interpret the language in the policy. A 2018, opinion from the Southern District of Texas, Corpus Christi Division, styled, Mark Eller V. United Property & Casualty Insurance Company,…
According to the 28 Texas Administrative Code, Section 3.3012(b), in a definition of “total disability” in an individual accident and sickness policy or hospital, medical, and dental service corporation subscriber contract, the inability to perform duties may not be based solely on an individual’s inability to perform “any occupational duty,”…
Here are a few examples of cases that have been litigated regarding disability policies and how the courts look at these cases. In a 2003, Texas Supreme Court opinion, Provident Life and Ac. Ins. Co. v. Knott, the Court read the policies in question defining the term “total disability” to…
Insurance lawyers who handle disability income policies will see two types of policies. One is the policy purchased through employment of provided by the employer. The other type is the type purchased independent of employment, usually through an independent agent or in response to advertisements. Those purchased through employment by…
As is normal, an insurance company will remove a case to federal court anytime they can. When an insured sues parties besides the insurer, the insurance company claims the joinder of the other party is fraudulent. To often the insurer wins this removal battle. Here is a case where the…
Most people would agree that reading legal papers can be confusing. As it relates to life insurance policies the law in favor of the insured. This is illustrated in the Houston [14th Dist.] Court of Appeals opinion, Parchman v. United Liberty Life Insurance Co., a 1982 opinion. The Parchman case…
One of the issues confronted by life insurance lawyers deals with situations where the life insurance company is claiming misrepresentation in the policy application and as a result of the misrepresentation, coverage is denied. A 1972 opinion from the Texas Supreme Court is language and law that life insurance lawyers…
Attorneys who handle insurance cases in Fort Worth and around Texas will want to read this 2018, opinion from the U.S. District Court, Eastern Texas, Sherman Division. It is styled, Bradley Sanson v. Allstate Texas Lloyd’s. This situation deals with property that was substantially destroyed in a storm. Allstate was…
Dallas insurance attorneys will want to read this 2018, opinion from the San Antonio Court of Appeals. It is styled, Avalos v. Loya Insurance Company. The case discusses in depth the “eight corners rule” and how courts look at this rule in determining whether or not an insurer has a…
Insurance lawyers want to help their clients as much as possible in any given case. The U.S. District Court, Western District of Texas, San Antonio Division, issued an opinion regarding recovery of attorney fees in an insurance case. The opinion is a 2018, opinion styled, Jesus and Margaret Agredano v.…