The Texas Insurance Code spells out in law a few things that life insurance companies cannot do in their life insurance policies. Between the Texas Department of Insurance and the Texas Legislature here are a few things that are written into law. A policy of life insurance cannot limit the…
Life insurance coverage is fairly straightforward. If the insured dies during the policy term, the insurer pays the benefits. The following reasons are some ways that disputes may arise: An agent may misrepresent the benefits of his insurer’s policy to induce the insured to switch from another company. An agent…
Common life insurance types are term, whole life, and universal life. “Term” policies simply provide a death benefit in return for a premium payment. At the end of the policy year, or “term,” the insurance ends, and the policy has no value. Term policies do not accrue cash value. Because…
Texas insurance lawyers need to know what an insured’s duties are after a loss. One of the most common homeowners policies for Texas home owners is an HOB policy. The HOB policy requires that the insured cooperate with the insurer’s investigation of the claim by promptly submitting notice of the…
The New York Times published a story in July 2017, about forced insurance on autos. The title of the story is Wells Fargo Forced Unwanted Auto Insurance On Borrowers. More than 800,000 people who took out car loans from Wells Fargo were charged for auto insurance they did not need,…
Quick time limitations in ERISA policies are not unusual. Failure to follow the limitations can be fatal to a claim. This is illustrated in a Houston Division, Southern District opinion styled, RedOak Hospital LLC, v. GAP Inc., and GAP Health and Life Insurance Plan. RedOak sued GAP under ERISA, Section…
When two elements combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. Courts have held that the insurance company will only…
When two events combine to cause damage, one being covered and the other not covered, issues arise regarding whether the loss is covered, and who bears the burden of proof to allocate causation between the covered cause and the excluded cause. In the San Antonio Court of Appeals case, Wallis…
News from Law 360. While some Texas lawyers are encouraging property owners to quickly lodge claims for Hurricane Harvey damage before a new state property insurance law takes effect on Friday, the reality is that the potential downsides of the legislation — including a lower interest rate on successful lawsuits…
The San Antonio Court of Appeals issued an opinion in USAA Texas Lloyd’s Company v. John Doe and Jane Doe, and as next friends of XXX, a Minor. The case is an appeal from a motion for summary judgment in a declaratory judgment action filed by USAA seeking a declaration…