Home Owners Policies

Bad Faith And Insurance Contracts

January 30, 2011 | Mark S. Humphreys

How does this stuff work?! That is a question someone in Dallas, Fort Worth, Grand Prairie, Weatherford, Arlington, Mansfield, Irving, or anywhere else in Texas might ask when it comes to insurance contracts and bad faith insurance.

“Insurance coverage claims and bad faith claims are by their nature independent. But, in most circumstances, an insured may not prevail on a bad faith claim without first showing that the insurer breached the contract.” This was stated in the Texas Supreme Court case styled, Liberty National Fire Insurance Company v. The Honorable Ted Akin, decided in 1996.

The case is called a mandamus proceeding.

Home Owners Policy

January 25, 2011 | Mark S. Humphreys

Not many people in Dallas, Fort Worth, Grand Prairie, Arlington, Mansfield, Cedar Hill, Duncanville, De Soto, Lancaster, or elsewhere in North Texas have to worry about an issue that some gulf coast residents have to be concerned about. That is the drywall cases that have resulted from hurricane Katrina and hurricane Ike.

The Miami Herald published an article on January 3, 2011. The article is titled, Drywall Insurance Coverage Still Possible.” It was writen by Duane Marseller. Much of the article is quoted here.

The drywall cases are cases that resulted after hurricanes where homes were damaged. When this occurred there were a large number of homes that were repaired using a drywall product that was manufactured in China. It turned out that the drywall product was defective.

Home Owners And Dog Bites

January 13, 2011 | Mark S. Humphreys

A lot of people in Fort Worth, Arlington, Colleyville, North Richland Hills, Keller, Roanoke, Azle, Aledo, Weatherford, Dallas, Grand Prairie, and other places in Texas own dogs. So, what does it matter?

Here is one answer to that question. It could result in your homeowners insurance being cancelled or at the least, it might result in increased premiums for your homeowners insurance policy unless you get rid of the dog. The type of dog will also make a difference in whether or not it affects you.

The Palm Beach Post ran an article back on August 6, 2010. The article was written by Laura Green and is titled, “Insurers Turning Down Coverge For Homeowners With ‘Bully’ Dog Breeds.”

Insurance Companies Doing It Again – Raising Rates

December 19, 2010 | Mark S. Humphreys

Insureds in Weatherford, Aledo, Arlington, Azle, Grand Prairie, Dallas, Fort Worth, Mansfield, Bedford, Hurst, Euless, Grapevine, and any other place in Texas will be upset to find out that their insurance rates are going up again. And it is going up in spite of record profits the insurance companies are making. It’s not like they are losing money.

The Austin American Statesman published an article on Wednesday, December 15, 2010. The title of the article is, “Allstate Raising Homeowner Insurance Rates.” This article appears to be reprinted from the Associated Press.

The article informs the reader that Allstate Insurance has notified the Texas Department of Insurance that it will increase homeowner rates. Some of the increases will be up to 10 percent.

Interpreting Homeowners Policy

November 9, 2010 | Mark S. Humphreys

Homeowners in Grand Prairie, Dallas, Fort Worth, Arlington, Mansfield, Irving, De Soto, Duncanville, Carrollton, Coppell, and other cities throughout Texas, probably have very little understanding about their homeowners insurance policy except that it is suppose to help them rebuild their house if it burns down. In addition to that, it is also suppose to provide coverage for you as a homeowner if someone is injured on your property and then sues you for their injuries.

The United States District Court for the Western District of Texas, Austin Division, issued an opinion on September 7, 2010. The style of the case is, Liberty Mutual Fire Insurance Company v. John Trovato and O’Delle Annette Hall. This case deals with the duty of an insurance company to protect its insured under a homeowners policy when they are sued and the interpretation of the insurance contract in that regard.

Here are some facts. On August 2, 2007, Hall came from a home she owned to help Trovato clean boxes out of Trovato’s attic. While moving boxes from the attic, Hall fell through the ceiling. The fall resulted in serious injuries to Hall. Hall sued Trovato. Trovato asked Liberty Mutual Fire Insurance Company to protect him in the lawsuit filed by Trovato. Liberty refused and this lawsuit resulted when Liberty filed this declaratory judgment action to have the court determine whether or not Liberty had any duties under the homeowners policy.

Insurance Policy And Appraisals

November 7, 2010 | Mark S. Humphreys

If you live in Grand Prairie, Arlington, Irving, Dallas, Fort Worth, Burleson, Keller, or anywhere else in the state of Texas and you have a homeowners insurance policy the policy is likely to contain an “appraisal” provision. So what does that mean?

The Texas Court of Appeals, Houston 14th District, issued an opinion on a case

September, 23, 2010, wherein the main issue dealt with an appraisal clause in an insurance policy. The policy at issue was a commercial policy but is essentially the same as those found in homeowners policies. The style of the case is, In re Continental Casualty Company.

Homeowners Liability Insurance

October 7, 2010 | Mark S. Humphreys

Homeowners in Cedar Hill, Grand Prairie, Dallas, Fort Worth, Saginaw, Arlington, Burleson, Crowley, Weatherford, Azle, Aledo, Lake Worth, and all over the state usually know very little about their homeowners insurance except that if their house burns down the insurance is suppose to pay for it. Something else most homeowners insurance does is protect the homeowner when they are sued for certain reasons.

Most insurance carriers such as State Farm, Allstate, Farmers, Geico, Progressive, and many others provide this coverage. Although there are many different types of insurance policies that can insure a home, condominium, apartment, or other dwelling, the Homeowners Policy–Form B (HOB) is the homeowners policy sold to the largest number of homeowners in Texas. As such, the liability provisions of the HOB are most relevant to most homeowners.

An insurance agent is a source for learning about these policies, as is the Texas Department of Insurance. If ever, you believe there is a problem, you should seek the advice of an experienced Insurance Law Attorney.

“Total Loss” In An Insurance Policy

September 5, 2010 | Mark S. Humphreys

Unfortunately, at some point a person in Grand Prairie, Arlington, Weatherford, Dallas, Fort Worth, Crowley, Aledo, Benbrook, and other places in Texas will experience a property loss. This loss may be to their home or their car or some other piece of property. The question will then be; Is the property a “total loss” or is it repairable?

BusinessDirectory.com defines total loss as: Destruction of an asset or property to the extent that nothing of value is left, and the item cannot be repaired or rebuilt to its pre-destruction state. It then says, “some types insurance policies pay the maximum covered amount only in case of total loss.” What is important here is how total loss is determined regarding an insurance policy.

A case decided in 1995 is worth looking at to help understand how a “total loss” is determined. The case was decided by the Texas Supreme Court and is styled, State Farm Fire & Casualty Company and State Farm Lloyds v. Ronald and Marilyn Mower.

Home Owners Claims Being Denied

August 29, 2010 | Mark S. Humphreys

Home owners in Benbrook, Arlington, Grand Prairie, Mansfield, Dallas, Fort Worth, Azle, Aledo, and other places in Texas need to know about what is happening with home owner insurance claims across the nation. Being informed helps you keep your “guard up” when dealing with a home owners claim.

The Washington Post ran an article on August 17, 2010, dealing with policyholders having their home damage claims being denied. The author of the article is Greg Risling and the title of the article is “Suit: Farmers Hasn’t Paid California Wildfire Claims.”

The lawsuit that this article is about was filed in Los Angeles. In the lawsuit it is alleged that Farmers Group Inc. is refusing to pay claims to policyholders whose homes were damaged in last summer’s massive Station Fire.

Homeowners And Flood Claims

August 18, 2010 | Mark S. Humphreys

Homeowners in Grand Prairie, Arlington, Dallas, Fort Worth, Burleson, Coppell, De Soto, North Richland Hills, Keller, Colleyville, and other North Texas cities don’t spend a lot of time worrying about floods, with maybe a few exceptions. However, residents along the Texas Gulf Coast have to think about it all the time. But North Texas residents need to appreciate that the floods along the Gulf Coast also effect them in an indirect way.

An article recently published in the Houston Chronicle brings this issue to light. The article was published on August 9, 2010, and was authored by Spencer Gaffney, who works out of the Washington Bureau. The article’s title is “Insurance From Floods Underwater.”

The article tells us that between 1977 and 1995, the National Flood Insurance Program paid out $806,851 for repeated storm damage to a suburban Houston home that was valued at $114,489. Guess what? The math does not add up.