Dallas Fort Worth Insurance Lawyer Blog

Insurance Agent Lack Of Authority

February 28, 2013 | Mark S. Humphreys

Dallas insurance lawyers will run across situations where it is apparent an insurance agent does not have authority to do so of the things he is doing. So, what does this mean when trying to advise a client. Here is some information to know.

An insurance company cannot escape liability by showing that it did not authorize the specific wrongful act. This was stated by the Texas Supreme Court in cases in 1994 and 1979. One of those cases was Celtic Life Insurance Company v. Coats.

The Celtic court stated:

Authority Of Insurance Agent

February 26, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers and those in North Richland Hills, Saginaw, Roanoke, Lake Worth, and other places around Tarrant County need to understand the authority of insurance agents and the legal responsibilities related to that authority.

Courts have described actual authority this way:

“Actual” authority, which includes both express and implied authority, usually denotes that authority a principle: (a) intentionally confers upon an agent; (b) intentionally allows the agent to believe he possesses; or (c) allows the agent to believe that he possesses by want of due care. “Implied” actual authority exists only as an adjunct to express actual authority because implied authority is that which is proper, usual, and necessary to the exercise of the authority that the principle expressly delegates.

Examinations Under Oath

February 24, 2013 | Mark S. Humphreys

Dallas insurance attorneys need to know some basics about an examination under oath.

Almost all insurance policies require that the insured submit to an examination under oath upon request. The Corpus Christi Court of Appeals issued an opinion in 2011, related to this issue.

The style of the case is “In Re Cypress Texas Lloyds” and has the following relevant information:

When Is A Vehicle Uninsured?

February 23, 2013 | Mark S. Humphreys

Fort Worth insurance lawyers need to be able to answer the above question.

Texomashomepage.com published an article January 30, that would make you wonder about the answer. The title of the article is, “Woman Fights Back After Denied Coverage When Struck By Vehicle.”

The article tells us that if you own a vehicle, it’s the law to have insurance coverage.

Personal Injury Protection And Lost Income

February 21, 2013 | Mark S. Humphreys

Dallas insurance lawyers and those in Mesquite, Garland, Irving, Richardson, and other places will occasionally run across issues related to Personal Injury Protection (PIP) claims. In that regard, when it relates to an issue regarding lost wages, it would be good to know about the 1979, case, Slocum v. Union Pacific Insurance Company. This opinion was issued by the Houston Court of Appeals.

Here is what it tells us:

Slocum brought this suit to recover lost income based on the coverage afforded by the PIP clause of his automobile insurance policy. Union Pacific’s motion for summary judgment was granted on the sole ground that Slocum was not a wage earner or income producer.

Insurance Companies Looking For Fraud

February 19, 2013 | Mark S. Humphreys

Weatherford lawyers and those in Graford, Garner, Mineral Wells, Palo Pinto, and other places in Texas would need to understand how insurance companies work when a claim is made.

The New York Daily News published an article in January that gives some insight into what the companies are looking for. The article is titled, “Fraud is driving car insurance rates through the roof in New York City: Brooklyn prosecutor.” It tells us drivers in New York City pay among the highest automobile insurance rates in the nation because of fraudulent or inflated claims.

City drivers are faced with some of the highest car insurance premiums in the nation because of massive insurance fraud, district attorneys say.

Insurance Company Games

February 17, 2013 | Mark S. Humphreys

Fort Worth insurance law attorneys and those in other parts of Texas should be consulted when a person has his insurance rates get increased without any apparent good reason. An article from the Boston Globe illustrates one of the games that insurance companies play when it comes to premium payments.

The title of the article is, MetLife Settles With Mass. Over Surcharges.” The article tell us MetLife will pay at least $50,000 in penalties and refund an undetermined amount of money to customers to settle allegations it imposed costly surcharges on Massachusetts drivers who were found not at fault in auto accidents.

State Attorney General Martha Coakley said Tuesday that some customers of Metropolitan Property & Casualty Insurance Co. — a unit of MetLife — who filed accident claims with the company were improperly penalized even after a state appeals board ruled they were not responsible for causing the crashes.

Weatherford Lawyers Need To Know These Laws

February 16, 2013 | Mark S. Humphreys

Weatherford Lawyers and those in Willow Park, Springtown, Aledo, Cool, Garner, and other places in Parker County need to know this insurance law.

It may be obvious in situations that a person was the insurance company agent and was acting as agent in that the person was licensed to sell the company’s policies. In Texas law, the statutes make clear that anyone engaging in the listed activities in Texas Insurance Code, Section 4001.051 on behalf of the insurance company will be treated as an agent for that insurance company.

As the Texas Supreme Court explained under predecessor statutes, agents are defined generally, and the statutes list various acts performed in the ordinary course of providing insurance, such as soliciting insurance; transmitting an application; receiving, collecting, or transmitting a premium; and adjusting a loss. Anyone who performs these acts “shall be held to be the agent of the company for which the act is done, or the risk is taken, as far as relates to all liabilities, duties, requirements and penalties set forth.

Weatherford Attorneys Need To Know This

February 14, 2013 | Mark S. Humphreys

Weatherford attorneys and those in Hudson Oaks, Millsap, Aledo, Peaster, Brock, and other places in Parker County need to know how an agent is tied to an insurance company by statutes.

The Texas Insurance Code, Section 4001.051 provides an expansive list of conduct that constitutes “acting as an agent” for an insurance company. Here is what it tells us:

(a) This section applies regardless of whether an insurer is incorporated under the laws of this state or a foreign government.

Dallas Insurance Attorneys Need To Know This

February 12, 2013 | Mark S. Humphreys

The first step to determine whether an insurance company is vicariously liable is to determine whether the person who engaged in the conduct was acting as the insurance company agent.

Agency has been discussed by the Texas Supreme Court in many contexts. The Texas Legislature has helped by putting the definition of an agent into law as it relates to the insurance context.

The question; “Who are agents?” was answered in the past by one statute. It broadly defined agents to include any person who performed certain actions on behalf of insurance companies. This old law is now found in the Texas Insurance Code, Sections 4001.003 and 4001.051.