Here’s something a lot of insurance attorneys may not realize. An oral contract to insure is valid and enforceable. This is confirmed in the 1949, Texas Supreme Court opinion styled, Pacific Fire Insurance Company v. Donald. The oral agreement “is presumed to be made in contemplation of a policy containing…
What all insurance lawyers know: Insurance policies are contracts, and as such are subject to rules applicable to contracts generally. This was stated in the 1994, Texas Supreme Court case, Hernandez v. Gulf Group Lloyds, and is still good law. A party seeking to recover on an insurance contract must…
Insurance lawyers want to pursue the best theories of recovery when a client has a claim wrongfully denied. Some people just want to file a complaint with the Texas Department of Insurance. But, there are better ways to improve the situation. Recovery based on theories of misrepresentation were discussed in…
Insurance transactions tend to resemble one another, so disputes arising from them tend to resemble one another. There are only so many ways that an insurance company and an insured can get crossways. Most cases present recurring problems that can be grouped into several categories. Insurance law is even more…
Abilene Texas lawyers who handle accidental death and dismemberment policy claims that are governed by ERISA, need to read this 2017, 5th Circuit Court of Appeals opinion. It is styled, Robert Ramirez v. United Of Omaha Life Insurance Company. Ramirez traveled to West Texas and contracted a fungal infection that…
Here is some very basic information that every insurance lawyer should be aware of. It is also information that every insurance consumer should know. To understand the different ways disputes can arise, it is helpful to consider the sequence of events that is likely to occur involving an insurance issue. …
Lawyers who handle disability insurance claims know that the policy has to be read. 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…
Fort Worth lawyers who end up in Federal Court need to read this opinion from the Northern District, Fort Worth Division, Judge McBride. The opinion is styled, Antonio Perez v. Allstate Vehicle and Property Insurance Company, et al. Perez initiated this action by filing a lawsuit in State District Court. …
Lawyers in the Dallas and Fort worth areas who handle underinsured motorist (UIM) cases need to read this 2017 opinion from the Texas Supreme Court. It is styled, Okelberry v. Farmers Texas County Mutual Insurance Co. Steven Okelberry and his wife, Patricia, had an auto policy with Farmers that provided…
Lawyers handling car wreck cases would be especially interested in this 2017 opinion from the Texas Supreme Court. It is styled, Farmers Texas County Mutual Insurance Company v. Jennifer L. Zuniga et al. This is an appeal from the granting of a summary judgment in favor of Zuniga wherein Farmers…