Weatherford lawyers and those in Mineral Wells, Aledo, Azle, Springtown, Willow Park, Millsap, Brock, Cool, Hudson Oaks, and other places around Parker County need to know the different ways that a misrepresentation can occur.
The Austin Court of Appeals issued an opinion in 1997, that shows one of the ways a misrepresentation can occur. This case is kinda different.
The style of the case is, Apple Imports, Inc. v. Debbie Koole and Pete Resendez. Here is some of the relevant background.
Grand Prairie lawyers and lawyers in Fort Worth, Arlington, Mansfield, Irving, Hurst, Euless, Bedford, Grapevine, Garland, Mesquite, or anywhere else in Texas should understand when a representation is made in the context of a Deceptive Trade Practices Act (DTPA) claim for damages.
The Texarkana Court of Appeals issued an opinion in 1993, that provides guidance on this issue. The style of the case is, Dave Rickey v. Houston Health Club, Inc., d/b/a President & First Lady Health & Raquetball Club.
This is an appeal by Rickey from a summary judgment rendered against him in his suit against Houston Health Club (Health Club). Rickey alleged causes of action under both common law negligence theory and the DTPA for personal injuries sustained when he fell on the Health Club’s astroturf jogging track. Rickey contended the trial court erred because he has both a viable negligence action and a viable DTPA claim against the Health Club.
Weatherford attorneys as well as attorneys in Mineral Wells, Aledo, Azle, Springtown, Willow Park, Hudson Oaks, Brock, Millsap, or anywhere else in Parker County can help their clients by understanding when a misrepresentation is made that violates the Texas Deceptive Trade Practices Act (DTPA).
A Houston Court of Appeals, First District, case decided in 1984, which sheds light on how to understand one of the ways a misrepresentation can be made. The style of the case is Lone Star Ford, Inc. v. John McGlashan & Teresa McGlashan.
This is an appeal from a judgment rendered in favor of the McGlashans in their suit for damages based on alleged deceptive trade practices. The case was tried without a jury. Finding of fact and conclusions of law were filed.
Lawyers in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Cool, Brock, Millsap, Willow Park, Hudson Oaks, and other places in Parker County need to have an understanding of what a “misrepresentation” is in the context of being actionable under the Texas Deceptive Trade Practices Act. These misrepresentations also apply in the insurance context.
Many situations are obvious, but what about situations where it is not so obvious? Can a representation be implied?
Here is a case that provides some guidance. It is a 1984, opinion issued by the Dallas Court of Appeals. The style of the case is, Skeet Chambless v. Barry Robinson Farm Supply, Inc., and John Deere Company.
Insured people in Grand Prairie, Fort Worth, Dallas, Lake Worth, Benbrook, Saginaw, Crowley, Mansfield, and other places in Tarrant County and Texas need to be cautious when dealing with their insurance company agent.
A case from the Austin Court of Appeals decided in 2000, is a good example of the above. The style of the case is, “Stan Stumph, d/b/a Concrete Concepts/Dallas Fire Insurance Company v. Dallas Fire Insurance Company/Stan Stumph, d/b/a Concrete Concepts.”
Here is some background.
Here is something that insured people in Grand Prairie, Weatherford, Arlington, Fort Worth, Dallas, Mansfield, and other places in Texas might be curious about. What happens if you have an insurance policy on your house. Next, the house burns down and a claim is made and denied. Next, the homeowner dies! Can the heirs pursue a claim against the insurance company for violations of the Texas Deceptive Trade Practices Act or violations of the Texas Insurance Code?
The Fourth Court of Appeals District of Texas issued an opinion on July 27, 2011, that addressed this question. The style of the case is, Texas Farm Bureau Mutual Insurance Co. v. Shannan Rogers and Cristen Bazan, as legal heirs of Cynthia Bazan, deceased. This case was tried to a jury in the 198th Judicial District Court, Kerr County, Texas, which returned a verdict favorable to the heirs. This appeals court reversed. Here is some background.
In 2008, Cynthia Bazan purchased a house and was required to purchase insurance by the mortgage company. She applied for a policy with Farm Bureau. Farm Bureau initially refused coverage based on a wood-burning stove having inadequate protection. This was remedied and a policy was issued. Later, a fire completely destroyed Bazan’s house and all the contents. Bazan made a claim and Farm Bureau began an investigation which included a background check of Bazan and a “cause and origin” investigation of the fire. Farm Bureau obtained Bazan’s criminal record. Farm Bureau’s fire investigator listed the cause of the fire as “undetermined.”
Consumers in Grand Prairie, Fort Worth, Arlington, Dallas, Mansfield, Burleson, Crowley, Benbrook, Lake Worth, Rendon, Keene, Burleson, and other places in Texas have the protection of the Texas Insurance Code and the Texas Deceptive Trade Practices Act (DTPA) when it comes to having rights against businesses and insurance companies that treat people in an unjust manner.
Regarding these two areas of law, Texas court cases and the statutes themselves tell us that the Insurance Code provisions are to be liberally construed and applied to promote its underlying purposes to define and prohibit unfair and deceptive insurance practices. This is specifically stated in the Insurance Code, Section 541.008, where it says, “This chapter shall be liberally construed and applied to promote the underlying purposes as provided by Section 541.001.” This is also made clear in the 1988, Texas Supreme Court case, Vail v. Texas Farm Bureau Mutual Insurance Company.
The Supreme Court has stated that the similar liberal construction mandate in the DTPA requires that the statute be given “its most comprehensive application possible without doing any violence to its terms.” The courts apply this same reasoning to insurance cases, which is made clear in other court cases.
Insured people in places like Grand Prairie, Arlington, Fort Worth, Dallas, Mansfield, Burleson, Crowley, Joshua, Keene, Alvarado, and other places in Texas would know very little about Texas Insurance Law or the Texas Deceptive Trade Practices Act. The two are connected and maybe this article will help to make that clear.
A large part of this information is taken from a lawyer resource called, Texas Practice Guide – Insurance Litigation.
The Texas Insurance Code, Section 541.151(2) cross-references and prohibits conduct defined in the Texas Business & Commerce Code, Section 17.46(b). This 17.46 is part of what is commonly called the Deceptive Trade Practices Act (DTPA). the DTPA applies to all types of consumer transactions, not just insurance, so many of the provisions are not directly relevant. The most relevant provisions prohibit:
Everybody in Grand Prairie, Weatherford, Parker County, Tarrant County, Fort Worth, Arlington, Mansfield, Cleburne, Mineral Wells, or any other place in Texas has a property line associated with his property. Title to land (property lines) is part of the coverage in a title insurance policy. As a result, the following case should be of some interest to all property owners.
The case deals with an opinion handed down by the Court of Appeals, Fort Worth. It was delivered on March 24, 2011. The style of the case is Jimmy D. Hand v. Old Republic Title Insurance Company. Here is some background.
Hand’s neighbor, Glen Jones, sued Hand over a rock wall that Hand built along the border separating their properties. Specifically, Jones claims that the rock wall “fails to follow the true boundary line and encroaches upon the boundary of his property.” Jones sued for trespass to try title and adverse possession.
Consumers in Grand Prairie, Arlington, Dallas, Fort Worth, Mansfield, Irving, De Soto, Duncanville, Cedar Hill, Lancaster, Mesquite, and other places in Texas recently got exposed to what can be called a violation of the Texas Deceptive Trade Practices Act. This argueably occurred at the Super Bowl at Cowboys Stadium.
An internet publication called the “Business Wire” ran an article on February 8, 2011. This article is titled, “Class Action Lawsuit Filed by Eagan Avenatti, LLP Against Jerry Jones, the Dallas Cowboys and the NFL over Treatment of Super Bowl Ticker Holders.” The lawsuit claims fraud on displaced fans and Cowboys Stadium “Founders.”
The article in part, tells us:
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