Interpreting An Insurance Policy

Requirement Of An Examination Under Oath (EUO)

September 4, 2011 | Mark S. Humphreys

Someone in Grand Prairie, Arlington, Hurst, Euless, Bedford, Grapevine, Keller, Saginaw, Roanoke, Fort Worth, or anywhere else in Tarrant County might ask, “Why do I have to submit to an examination under oath?” Here is a case that might shed some light to that question.

The case is styled, Shannon Trahan and Joleen Trahan Woods v. Fire Insurance Exchange and Texas Farmers Insurance. The opinion in this case was issued in 2005, by the Beaumont Court of Appeals. This case is an appeal from a summary judgment rendered in favor of Fire Insurance Exchange (FIE) and Texas Farmers Insurance (TFI). This court upheld the summary judgment.

As some background, on December 31, 2000, the Trahan’s home and automobile were destroyed in a fire. The Trahans filed a fire loss claim. On February 8, 2001, they signed a Proof of Loss form. On February 14, 2001, FIE requested the Trahans submit to examinations under oath (EUOs). Finally, on August 29, 2001, the Trahans submitted to the EUOs, and they were signed and sworn to on September 20, 2001. On October 8, 2001, FIE accepted the Trahans fire loss claim and issued checks.

Forced Placed Insurance

August 6, 2011 | Mark S. Humphreys

This will happen to insureds in Grand Prairie, Arlington, Irving, Fort Worth, Dallas, and other places through out Texas. You have a piece of property, such as a home, commercial building, a car, or something else of value. The entity that holds a lien on that piece of property will insist that there be insurance covering that piece of property. If you do not provide coverage, the lien holder will buy “force place insurance.” In other words, they will buy coverage for the property in order to protect their own financial interest in the property then they will usually charge back the costs of this insurance to the person who is financing the property.

So the question becomes – What kind of protection does this “forced placed insurance” provide?

The United States District Court, Southern District, McAllen Division, issued an opinion on a case recently that dealt with this issue. The style of the case is, Antonio Trevino v. Evanston Insurance Company, et al. Here is some background and facts.

Exemplary Damages In Auto Policies

August 4, 2011 | Mark S. Humphreys

A 1989 case decided by the Court of Appeals, El Paso, would be of interest to those in Grand Prairie, Fort Worth, Arlington, Mansfield, Crowley, Grapevine, Duncanville, Lake Worth, and other places in Texas who have a claim for exemplary damages.

The style of the case is, Emigdia C. Manriquez, Individually and on Behalf of all Statutory Wrongful Death Beneficiaries of Jorge Ramon Manriquez, Deceased v. Mid-Century Insurance Company of Texas. Here is some background.

Manriquez and her group, are the widow and surviving parents of a pedestrian killed when struck by an unlicensed minor, Gregory Daniel Alkofer. A lawsuit resulted from this event.

Insurance And Appraisal

July 30, 2011 | Mark S. Humphreys

Appraisals are a reality in most insurance policies, regardless if you live in Grand Prairie, Arlington, Fort Worth, Dallas, Mansfield, or anywhere else in the state of Texas.

The United States District Court, Southern District, Houston Division, issued an opinion on July 1, 2011, in the case styled, EDM Office Services, Inc. v. Hartford Lloyds Insurance Company, et al.

This was a lawsuit to recover insurance proceeds and damages under the Texas Insurance Code and common law. Hartford was demanding an appraisal pursuant to the insurance policy and EDM was saying that Hartford had not complied with the conditions precedent identified in the insurance policy for appraisal because it had not conducted a reasonable investigation of the claim as required by Texas Insurance Code, Section 541.060(a)(7). Plus, EDM argued that even if Hartford was entitled to the appraisal, that Hartford had waived its right to the appraisal.

Insurance And Attorney Fees

July 26, 2011 | Mark S. Humphreys

Policy holders in Grand Prairie, Arlington, Fort Worth, Mansfield, Crowley, Burleson, Rendon, Lake Worth, Benbrook, Hulen, and other areas of Texas probably get worried about attorney fees if they find themselves in a position where they need to fight with an insurance company. Some experienced Insurance Law Attorneys will work on a contingency fee basis rather than forcing someone to pay large retainer fees that scare away most people.

The ultimate questions would be: If I win, can I recover my attorney fees? The answer to that question in most all insurance claim lawsuits is “yes.” The District Court for the Western District of Texas, Austin Division, issued an opinion on June 28, 2011, that addresses this question. The style of the case is Berkley Regional Insurance Company, as Subrogee of Venus Rouhani and as Assignee/Subrogee of the Tower of Town Lake Condominium Association v. Philadelphia Indemnity Insurance Company. Here is some background.

In this case, Venus Rouhani is a third party who obtained a judgment against the Towers, the insured under an insurance contract with Philadelphia. Therefore, under Texas law, Rouhani was entitled to enforce the terms of the Philadelphia insurance contract. The court had, in earlier proceedings, held that Berkley obtained Rouhani’s rights under a judgment, either through contractual assignment or statutory subrogation,at which point Berkley became entitled to enforce the contract terms at issue in this case.

Interpreting An Insurance Policy

July 19, 2011 | Mark S. Humphreys

It is doubtful anyone in Grand Prairie, Hurst, Euless, Bedford, Arlington, Dalworthington Gardens, Mansfield, North Richland Hills, Fort Worth, or anywhere else in Tarrant County is going to run a cross this particular situation, but it is kinda interesting.

The Texas Supreme Court issued an opinion in June 2011, in the case styled, Lancer Insurance Company v. Garcia Holiday Tours, Et Al. The question for this court to decide in this case was whether the transmission of a communicable disease from the driver of a motor vehicle to a passenger is a covered a loss under a business auto policy, which affords coverage for accidental bodily injuries resulting from the vehicle’s use. This Texas Supreme Court said no. Here is some background information.

Garcia Holiday Tours operates a commercial bus company. It contracted with the Alice ISD to provide a bus and driver for a field trip to Six Flags Fiesta in San Antonio. The trip was for Alice High School band members, several of whom observed the driver coughing during the trip. Upon return, the driver was hospitalized after being diagnosed with an active case of tuberculosis.

Underinsured Motorist

July 17, 2011 | Mark S. Humphreys

Persons with uninsured coverage in Weatherford, Mineral Wells, Aledo, Azle, Newark, Hudson Oaks, Willow Park, Cresson, Peaster, Millsap, Brock, and other places in Parker County need to have a bit of an understanding of the following case. Or they need to know how to get in touch with an experienced Insurance Law Attorney.

The opinion in this case was issued by the Houston Court of Appeals, 14th District. It was issued on June 21, 2011, and the style is, Chezaray Melancon v. State Farm Mutual Automobile Insurance Company.

In this case, Melancon sued State Farm under the underinsured coverage part of her insurance policy. At trial, the jury found the amount of her personal injuries to be an amount that was less than what she had settled for with other parties in the case. This court said that the unambiguous language of the policy showed that State Farm had no further liability.

How Much Does An Insurance Company Have To Pay On A Claim

June 21, 2011 | Mark S. Humphreys

A natural question for someone in Grand Prairie, Arlington, Mansfield, Fort Worth, Dallas, Hurst, Euless, Bedford, North Richland Hills, and other places in Texas would be – How much does an insurance company have to pay on a claim? The answer is – It depends on many things?

A Fort Worth Court of Appeals case, decided in 2000, gives some insight into how much an insurance company may have to pay on a claim. The style of the case is, Thomas Carter, Mary Carter, and Ed Carter v. State Farm Mutual Automobile Insurance Company. Here is some background.

In April of 1997, Thomas Carter, Kari Brunson, Jeff Goodman, Michelle Keeffe, and Craig Derrick were traveling west on I-30 in an Isuzu. At the same time, Jennifer Puterbaugh was traveling the same direction at a high rate of speed weaving through traffic and struck the Isuzu from behind. The collision caused the death of Kari Brunson and injured the four other occupants of the Isuzu. State Farm insured Michelle Keeffe, the Isuzu’s owner, against loss caused by bodily injury under a $50,000 per person up to $100,000 per incident uninsured/underinsured (UM/UIM) policy.

Excluded Drivers In An Automobile Policy

May 28, 2011 | Mark S. Humphreys

Insureds in Grand Prairie, Arlington, Fort Worth, Pantego, Dalworthington Gardens, North Richland Hills, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County and Texas need to have some understanding of what an excluded driver is in an automobile insurance policy. An excluded driver is a driver who is not insured under an automobile insurance policy. For some reason the insurance company is refusing to insure the driver. The reasons could vary widely.

A case decided in July, 1993, by the Texarkana Court of Appeals deals with excluded drivers and is worth having an understanding about for future reference. The style of the case is, John DiFrancesco and DSS Partnership d/b/a DS & S Farms v. Houston General Insurance Company. Here is some background.

In July 1990, an automobile accident occurred in which a pickup truck owned by the Partnership and driven by their employee, Thomas V. Avey, was involved. The Partners and Avey were sued for damages by Troy and Nikki Beckham. The Beckhams were allegedly forced off the road and injured by a pickup truck owned by the partnership and operated by Avey. The Partners demanded Houston General defend them which Houston General did, subject to a reservation of rights.

Uninsured Motorist Insurance Coverage / Umbrella Policies

May 26, 2011 | Mark S. Humphreys

This could happen to someone in Grand Prairie, Arlington, Fort Worth, Mansfield, Hurst, Euless, Bedford, Colleyville, Keller, or anywhere else in Tarrant County or the State of Texas. It is a case dealing with umbrella insurance policies and uninsured motorist automobile policies.

The case was decided in January, 1996, by the Austin Court of Appeals and is styled, Joel Sidelnik et al v. American States Insurance Company. Here is some background.

Sidelnik brought a declaratory judgment action seeking a determination that, as a matter of law, his umbrella insurance policy issued by American provides uninsured motorist coverage for the car accident in which his wife was killed. The trial court and this appeals court ruled in favor of American.