Dallas Fort Worth Insurance Lawyer Blog

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.

Medical Payments (Med Pay) Coverage In Auto Policy’s

March 26, 2013 | Mark S. Humphreys

Dallas insurance lawyers need to understand how medical payments (Med Pay) coverage works in auto insurance policies.

Med Pay is an optional coverage in an auto policy. Unlike personal injury protection (PIP) or uninsured motorist (UM), it is not a required coverage.

Under this coverage, the insurance company agrees to pay “reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by accident and sustained by a covered person.” This insurance agreement uses the term “caused by accident” as opposed to the more specific phrase “auto accident” used in the liability insurance agreement. Essentially this means that any injury that occurs that is related to the use of the auto is going to be covered.

Replacement Costs

March 24, 2013 | Mark S. Humphreys

Dallas insurance attorneys need to know the difference between “replacement cost” and “actual cash value” in an insurance policy.

The 1998, Austin Court of Appeals opinion in the case styled, “Great Texas County Mutual Insurance Co. v. Lewis” lends some insight into the differences.

Here is some relevant information:

“All Risk” Insurance Policies

March 23, 2013 | Mark S. Humphreys

Dallas insurance lawyers have to understand how the courts look at “all risk” insurance policies.

Property insurance may be issued on either:

A. An “all risk” basis, meaning that all risks of physical loss are covered except for excluded perils; or B. A “named peril” basis, meaning that physical loss is covered for certain causes only.

Insurance Policies And Insurable Interests

March 21, 2013 | Mark S. Humphreys

Grand Prairie insurance lawyers and those in Irving, Arlington, Mansfield, and other places in the DFW area to know this case.

The case is styled, Jones v. Texas Pacific Indemnity Company. It is a 1993, Dallas Court of Appeals opinion.

Here is some relevant information:

Property Insurance – Insurable Interest

March 19, 2013 | Mark S. Humphreys

Weatherford insurance attorneys need to understand the idea of “insurable interest” as it relates to property insurance claims.

A person or entity must have an insurable interest in the insured property to recover under an insurance policy. This was clearly stated in the 1993, Dallas Court of Appeals case, Jones v. Texas Pacific Indemnity Company.

An insurable interest exists when the insured derives a pecuniary benefit or advantage by the preservation and continued existence of the property or would sustain a pecuniary loss from its destruction.

Property Insurance

March 17, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers need to understand the different types of property insurance to be able to properly advise clients.

As stated by a 1972, Dallas Court of Appeals case, property insurance involves the indemnification of the insured by the insurance company for the loss of, or damage to, identifiable property.

These property insurance policies are intended solely to indemnify the insured for their actual monetary loss.