Claims Denial

Statute Of Limitations On First Party Insurance Claims

October 12, 2024 | Mark S. Humphreys

It is important to understand the time frame under which lawsuits must be filed. As part of that, reading the insurance policy is vital. A 2024 opinion from the Western District of Texas, Del Rio Division, discusses limitation periods written into insurance policies. The opinion is styled, Antonio Caballero v. Allstate Vehicle And Property Insurance Company .

This case was decided on the summary judgment motion filed by Allstate.

This matter arises from an insurance claim. The Plaintiff alleges hail storm property damage in excess of $20o,000. The Plaintiff filed a claim with the Defendant on December 13, 2018. The Defendant denied the Plaintiff’s claim on October 11, 2019. The Plaintiff filed suit in Texas state court on August 21, 2023, asserting: violations of the Texas Insurance Code and breach of contract among other causes of action.

Claims Denial For Failure To Cooperate

September 28, 2024 | Mark S. Humphreys

An insured under an insurance policy has a duty to cooperate with an insurance company investigation of a claim. This issue is discussed in the 2024 opinion, Henry & Lydia Ansah v. Nationwide Property and Casualty Insurance Company. The opinion is from the Southern District of Texas, Houston Division.

The Plaintiff’s allege that Nationwide underpaid their property insurance claim. Nationwide ended up filing a motion for summary judgement arguing the Plaintiffs are not entitled to further coverage because they failed to make the damaged property available for inspection or to document the damages.

On February 18, 2021, Defendant received from Plaintiffs a claim for damages to their dwelling and personal property caused by a freeze event that occurred the day before. On March 5, 2021, Defendant contacted Plaintiffs to discuss their claim and the claims process. Defendant began investigating Plaintiffs’ claim and paid $87,122.07 for dwelling damage and at least $35,984.83 personal property damage. Plaintiffs disputed Defendant’s valuation of their loss and invoked the Policy’s appraisal provision. The appraisers determined that the actual cash value of the dwelling damage was $78,936.05 less than what Defendant had paid.

Claims Denial Due To Misrepresentation

September 14, 2024 | Mark S. Humphreys

A misrepresentation in an insurance application is grounds for denial of a claim but it is not necessarily a win for the insurance company. This issue is discussed in a recent opinion from the Texas 14th Court of Appeals. The opinion is styled, Jose Palma v. Allied Trust Insurance Co.

This case was a summary judgment win for the insurance company but there is a clear distinction with this case and the vast majority of cases regarding misrepresentations.

Palma purchased an insurance policy for his home with appellee. During the policy period, there was a fire at Palma’s home. Palma submitted an insurance claim under the policy. Allied investigated and found that Palma had a prior conviction for insurance fraud that was not disclosed on his application for

The Insurance Policy Definitions

May 18, 2024 | Mark S. Humphreys

Here is a 2024 opinion from the Northern District of Texas, Dallas Division, that deals with an insurance policy. Specifically, the wording of an insurance policy. The opinion is styled, Johnetta Askew Hunt v. Meridian Security Insurance Company State Auto Insurance Companies.

This is a summary judgment opinion regarding “residing” at a premises. The case deals with the coverage provided by a policy and where an insured, Hunt, tries to get more coverage than the policy provides.

In Texas, interpretation of an insurance policy begins with its actual words, because it is presumed parties intend what the words of their contract say.

Insurance Claims And Statute Of Limitations

May 11, 2024 | Mark S. Humphreys

Insurance lawyers need to read this November 2023, opinion from the Southern District of Texas, McAllen Division. It is styled, Bertha Salinas v. State Farm Lloyds.

The relevant facts are undisputed, Bertha sued State Farm for denying her claim against her homeowners policy due to a weather event on July 26, 2020. State Farm paid some sums of money on the claim but did not pay what Bertha alleges she was owed. On April 16, 2021, State Farm sent a letter explaining it was denying further payment on the claim. Upon receipt of the letter, Bertha invoked the appraisal provision under the policy. State Farm participated in the appraisal but did so under a reservation of rights. In the appraisal process an umpire ultimately ruled against State Farm on March 30, 2023. The attorney for Bertha sent a written inquiry about payment of the appraisal. On June 30, 2023, State Farm stated they would not be paying the appraisal award. State Farm argued about problems with the appraisal. Bertha filed suit on July 18, 2023.

State Farm moved for summary judgment on the case due to the statute of limitations having run on two years after their April 16, 2021, thus, the filing date of July 18, 2023, was too late.

Attorney Fees In Insurance Lawsuits

May 4, 2024 | Mark S. Humphreys

When can a person recover attorney fees in an insurance lawsuit? There is not an easy answer to that question. It is dependent on the facts of the case and the theories of law being alleged against the insurance company.

A 2024 opinion from the Southern District of Texas, Houston Division, addresses this issue when the claim is filed invoking Texas Insurance Code, Section 542A.003(a) and 542A.007(d). The style of this opinion is, Ashley and Walter Burke v. Liberty Mutual Insurance Company.

The Burks (Plaintiffs) filed this action against Liberty for breach of contract, common law bad faith, violations sections 541 of the Texas Insurance Code, and violations of the Texas DTPA. Plaintiffs allege that they sent a presuit letter to Liberty on January 24, 2022, outlining Plaintiffs’ alleged damages and expenses pursuant to Section 542A.003.

Insurance Claims Denial And Statute Of Limitations

November 6, 2023 | Mark S. Humphreys

When is the deadline for filing a law suit against an insurance company that refuses to fully pay on a claim?

This is usually a simple answer. It was the main issue in a 2023 opinion issued by the Fort

Worth Court of Appeals in a case styled, Kenneth Kessler v. Allstate Fire And Casualty Insurance Company.

Bad Faith Lawyer – Statute Of Limitations

July 29, 2023 | Mark S. Humphreys

Insurance lawyers have to understand how the statute of limitations is looked at by the courts. Here is a 2023 opinion from the Fort Worth Court of Appeals. The opinion is styled, Erica Quinn v. State farm Lloyds, et al.

A statute of limitations establishes a time limit for suing in a civil case. A statute of limitations operates as an affirmative defense to a cause of action.

A statute of limitations begins to run on the accrual date, which is the date that the cause of action accrues. Generally, a cause of action accrues when facts giving rise to the cause of action come into existence, even if those facts are not discovered, or the resulting injuries do not occur, until later.

Bad Faith Lawyers – Was There A Settlement Agreement

June 5, 2023 | Mark S. Humphreys

Here is a 2023 opinion from the Northern District of Texas, Dallas Division worth reading when it comes to determining whether the insurer and the insured have reached a settlement agreement. The opinion is styled, Brenda Kirby and Gary Kirby v. State Farm Lloyds’, Evan Kingery, and Kimberly Scholes. The opinion deals with other issues and the facts make a good read along with the legal history. We will focus on whether or not there was a settlement agreement.

After the lawsuit was filed, Defendant’s filed a motion to enforce a settlement agreement. For support, State Farm submitted copies of the above referenced e-mail correspondence exchanged by counsel for the parties on January 18, 21, 24, and February 2, 2022. Defendant contends that this correspondence clearly establishes the formation of a binding agreement to settle the claims asserted in this lawsuit under Texas law.

A district court has inherent power to recognize, encourage, and when necessary enforce settlement agreements reached by the parties. That one party to a suit initially agrees to a settlement but later refuses to execute a formal agreement that recites the terms of the settlement does not preclude a district court from exercising such discretion to enforce a settlement agreement. Further, the issue of whether such withdrawal by one party is allowed under Texas law is irrelevant to whether a settlement is enforceable. Unless the party seeking to withdraw can demonstrate that the agreement is invalid under state law at the time it was made or differs materially from any judgment entered enforcing the agreement, a federal court may hold them to their word by incorporating the terms of their agreement into a final judgment.

Claim Denial Attorney – You Have To Plead Your Case With Specificity

December 5, 2022 | Mark S. Humphreys

Here is a 2022, opinion from the Northern District of Texas, Dallas Division. It is styled, Pasha & Sina, Inc. V. The Travelers Home And Marine Insurance Company, And Doug Salsbury.

This is a commercial policy case.

Plaintiff purchased the policy from Travelers. Plaintiff attempted to recover from Travelers for damage to the property for roof leaks. A dispute arose and Plaintiff sued Travelers and Salsbury in State Court alleging causes of action for negligence, negligent misrepresentation, common-law fraud, fraud by nondisclosure, violation of the duty of good faith and fair dealing, and violation of Chapter 542 of the Texas Insurance Code.