Dallas Fort Worth Insurance Lawyer Blog

Life Insurance Attorneys

April 13, 2013 | Mark S. Humphreys

Fort Worth life insurance attorneys should know this – but here goes with a reminder.

The most common life insurance types are term, whole life, and universal life.

“Term” life insurance 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. Most of these are for 10 or 20 years. Because the insured person is only paying for the death benefit, term policies are cheaper in the early years. As the insured person gets older, the risk of death increases and so does the premium, so term policies may become more expensive that the other types of life insurance. Insurance companies typically sell term policies that promise a fixed premium for a set number of years as stated above. This means an insurance company that sells a term policy for a fixed period, such as 10 years, will not be allowed to increase the premiums during that 10 year period.

Your Duty To Co-operate After A Loss

April 11, 2013 | Mark S. Humphreys

Dallas insurance attorneys must know that when a person makes a claim for coverage under his own insurance policy, that the person has a duty to co-operate with the insurance company in their investigation of the claim.

The insured is required by the policy to co-operate with the insurance company investigation by submitting the claim promptly, completing claim forms, providing access to damaged property and records, and signing sworn proofs of loss. As stated by the United States 5th Circuit Court of Appeals in the 1999 case, Griggs v. State Farm Lloyds, these requirements on the insured constitute a condition precedent to coverage under a policy of insurance. This means the insurance company has no duty to provide benefits under the policy until this co-operation has been given.

A typical homeowners policy would provide for these requirements:

Insurance Policy Definitions and Damages

April 9, 2013 | Mark S. Humphreys

Grand Praire insurance law lawyers need to understand some of the definitions and interpretations of coverages in an auto insurance policy.

So, what are some of the basic exclusions to collision and comprehensive coverage? To start, most policy’s exclude loss due to “wear and tear.” An insurance policy is not a maintenance policy. It is intended to provide coverage for the unexpected and unforeseen. This was stated in the 1952, Fort Worth Court of Appeals case, Republic Casualty v. Mayfield, and is still good law. A policy would also exclude damage due to freezing, mechanical or electrical break down or failure, or road damage to tires.

Here is how damages are handled or calculated:

Insurance Attorney Needed To File Lawsuit

April 7, 2013 | Mark S. Humphreys

Weatherford insurance attorneys need to be aware of this recent United States District Court, Dallas Division, opinion. The style is DeCluette v. State Farm Lloyds and Ruben Gallegos.

Here is some relevant information:

According to DeCluette, he purchased a homeowner’s insurance policy from State Farm to protect their residence in the event of damage. Storms struck Dallas County and damaged his residential property. He filed a claim with State Farm against the insurance policy for various damages to the residential property resulting from the storm. Ruben Gallegos was an employee of State Farm, serving as an insurance adjuster for the claim. Gallegos allegedly failed to thoroughly investigate and properly adjust DeCluettes’ property damage claims. As a result of Gallegos’ allegedly improper adjustment of the claim, State Farm denied a portion of the insurance claim.

Insurance Lawyer And Policy Interpretation

April 6, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers need to read this opinion issued by the United States Court of Appeals for the Fifth Circuit issued on February 2013. The style of the case is, Canal Indemnity Company v. Rapid Logistics, Incorporated.

Here is some relevant information:

This is an appeal from a declaratory judgment action involving an insurance coverage dispute. Canal Indemnity Company filed suit against its insured, Rapid Logistics, Inc. a trucking company. Canal argued that it did not owe a duty to defend or indemnify Rapid Logistics in a state court negligence lawsuit that stemmed from a tractor-trailer accident. The district court granted Canal’s motion for summary judgment, ruling that Canal had no duty to defend or indemnify Rapid Logistics with respect to the state court action. Finding no reversible error, this court affirmed.

Insurance Law Attorneys

April 4, 2013 | Mark S. Humphreys

Fort Worth insurance law attorneys need to be aware of an opinion issued by the United States District Court in Houston.

The style of the case is, Landing Council of Co-Owners v. Federal Insurance Company.

Here is some relevant information:

Auto Insurance Coverage

April 2, 2013 | Mark S. Humphreys

Weatherford insurance lawyers need to know the coverages in an auto insurance policy. As for damage to the auto itself, the terms of coverage for damage to the auto are fairly straightforward:

1. “Named-Peril” coverage is provided on “covered autos.” The policy would provide that the carrier will pay for “direct and accidental loss to your covered auto.” The coverage is divided into “collision” coverage and “coverage other than collision.”

2. The “other than collision” coverage insures against more causes of loss than collision coverage. When both collision coverage and “other” peril coverage are purchased, then the insured is said to have “comprehensive” coverage.

Minimum Limits

March 31, 2013 | Mark S. Humphreys

Weatherford attorneys and those in Mineral Wells, Aledo, Springtown, Hudson Oaks, and other parts of Parker County need to know the minimum limits required on cars in Texas. But also knowing those limits is important when dealing with an out of state driver.

Fox Business recently ran an article that discusses these limits.

The article tells us that most states have laws outlining the minimum amount of liability coverage you must purchase.

Physical Contact Rule For Uninsured Coverage

March 30, 2013 | Mark S. Humphreys

Fort Worth insurance law attorneys need to know the “physical contact” rule as it relates to coverage for uninsured (UM) coverage.

UM coverage is required pursuant to the Texas Insurance Code, Section 1952.101, unless it is rejected in writing.

Most auto insurance policies are going to include within the definition of “uninsured motor vehicle” a hit and run vehicle whose operator or owner cannot be identified. This incorporates the requirement in Texas Insurance Code, Section 1952.104, which requires “… actual physical contact must have occurred between the vehicle owned or operated by the unknown person and the person or property of the insured.” The Texarkana Court of Appeals, in 1986, made clear that there is no coverage if an unidentified vehicle runs the insured off the road but does not actually hit the vehicle in the process.

Personal Injury Protection (PIP)

March 28, 2013 | Mark S. Humphreys

Dallas insurance lawyers need to understand how Personal Injury Protection (PIP) benefits work in an auto policy.

The Texas Insurance Code, Section 1952.152, tells us that PIP is required coverage in an auto policy unless this coverage is rejected in writing. However, Section 1952.153, tells us that the minimum requirement is only $2,500.

Most people end up rejecting this coverage. For those who opt to get the coverage, most get only the $2,500 minimum. The most this author has seen on a policy is $100,000. Even though that has only been seen once, amounts of $5,000 to $10,000 occur, but rarely will the amount be greater than $25,000.