Dallas Fort Worth Insurance Lawyer Blog

Uninsured / Underinsured Motorist Claim

November 25, 2012 | Mark S. Humphreys

Dallas insurance lawyers need to understand how uninsured / underinsured motorist claims work.

A 1994, Texas Supreme Court case discusses this issue. The style of the case is, Ruben and Anita Hernandez v. Gulf Group Lloyds. Here is some relevant information.

This case was tried on the following stipulated facts. On November 21, 1987, Elizabeth Hernandez was killed when the car in which she was a passenger flipped over. The sole proximate cause of the accident was the negligence of the driver of the car, Charles McCullough, Jr. At the time of the accident, McCullough was nineteen years old and his only asset was a $25,000 liability policy with State Farm Mutual Automobile Insurance Company. Elizabeth Hernandez was covered by her parents’ insurance policy with Gulf Group Lloyds. That policy included uninsured/underinsured motorist coverage in the amount of $100,000. The damages suffered by Elizabeth Hernandez and her parents exceeded $125,000.

Life Insurance Lawyers And Claims Denial

November 24, 2012 | Mark S. Humphreys

Weatherford attorneys and those in Mineral Wells, Graford, Cool, Millsap, Springtown, Aledo, Azle, Willow Park, and other places in Parker and Palo Pinto Counties need to know the laws related to life insurance claims.

Almost all denials of life insurance policy claims based on the allegation of a misrepresentation in the application can be defeated. This one is one of the few that was not. Only an experience Insurance Law Attorney is going to be able to help draw the distinction.

The Corpus Christi Court of Appeals issued an opinion in 1988. The style of the case is, Lilly Sharp v. Lincoln American Life Insurance Company.

Insurance Company Playing Games

November 22, 2012 | Mark S. Humphreys

Fort Worth insurance attorneys need to make part of their job, keeping up with games the insurance companies play.

A recent article by The Texas Tribune tells us a little about a game State Farm Insurance Company has been up to.

Insurance Commissioner Eleanor Kitzman responded to Sen. Rodney Ellis’ letter on the criminal investigation of State Farm by the Travis County District Attorney’s office in a public letter to the Texas Legislature.

Insurance Law – Other States

November 20, 2012 | Mark S. Humphreys

Grand Prairie attorneys and those in Dallas, Richardson, Mesquite, Garland, Carrollton, and other places in Dallas County should keep themselves informed about law in other areas of the country. Knowledge of how other states handle their cases gives insight and argument concerning how Texas courts should handle similar cases.

Here is a short brief on a Louisiana insurance case.

The style of the case is Katie Realty, Ltd. v. Louisiana Citizens Property Insurance Corp.

Insurance Lawyer Needed On This Case

November 18, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Aledo, Hudson Oaks, Springtown, Willow Park, Brock, Millsap, and other places in Parker County would respect the job performed in this case.

This is a 1984, Houston Court of Appeals [1 Dist.] opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Francis. Here are some facts:

This is a suit to establish insurance coverage and to collect from State Farm the damages recovered by Francis in a trial against an alleged non-named insured.

Personal Injury Protection News

November 17, 2012 | Mark S. Humphreys

Fort Worth lawyers and those in Saginaw, Lake Worth, Benbrook, Keller, Wylie, and other places in Tarrant County would need to keep up with news related to Personal Injury Protection (PIP) insurance benefits.

The Orlando Sentinel ran a story on Ocotber 1, 2012, that briefly discussed PIP in Florida. The article tells us that a group of chiropractors, massage therapists and acupuncturists have sued the state over a new personal injury protection law that lawmakers heralded as key to reducing auto insurance rates in Florida.

The lawsuit says that the new PIP law, passed this spring, “imposes sweeping changes and significant restrictions on both health care providers and consumers.”

Suing For Underinsured Motorist Coverage

November 15, 2012 | Mark S. Humphreys

Fort Worth insurance law attorneys need to know how underinsured motorist claims are handled by the courts.

The Austin Court of Appeals issued an opinion in September, 2012, that deals with this issue. The style of the case is In re American National County Mutual Insurance Company. Here is some relevant information from the case.

The lawsuit underlying this case arises from an automobile accident that occurred in 2009, between Cole and another driver, Estelline Bullock. Cole sued Bullock and eventually settled her claims for the limits of Bullock’s insurance policy, $100,000. Cole then made a claim under the uninsured/underinsured provision (“UIM”) of her own policy with American National. After rejecting American National’s offer to settle her UIM claim for $5,000, Cole sued American National for breach of contract, alleging that American National failed to pay her covered UIM claim. Cole also brought extra-contractual claims for common-law bad faith and insurance code violations. American National filed a traditional motion for summary judgment and in the alternative, a motion for severance and abatement. Specifically, American National requested that the trial court sever Cole’s extra-contractual claims, place those claims into a separate cause, and abate that cause pending final resolution of Cole’s claim for breach of contract. The trial court denied the motions and this mandamus proceeding followed.

Auto Damage And Claiming Against Your Own Insurance

November 13, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys need to know how courts are handling the cases related to first party insurance claims.

The San Antonio Court of Appeals issued an opinion in September, 2012, wherein the insured person did not hire an attorney. Instead he handled the case himself. The results are predictable.

The style of the case is, Clark v. Bristol West Insurance Services of Texas, Inc. Here is some of the case information:

Good Faith And Fair Dealing

November 11, 2012 | Mark S. Humphreys

Weatherford lawyers handling insurance claims need to have an understanding of about “good faith and fair dealing” as it relates to an insurance company’s duty it owes one of its insureds.

This is an area of law that a lot of attorneys do not know a lot about. Insurance law cases are not as well known as cases related to criminal law, family law, personal injury, bankruptcy, probate and business matters. There are a lot of statutes related to insurance, most of which are found in the Texas Insurance Code. But there is relevant law related to Insurance Law that is also found in the Texas Criminal Code, and the Texas Code of Criminal Procedure, the Texas Transportation Code, and the Texas Labor Code, to name a few.

The State Bar of Texas, Insurance Law Section, recently published information related to the duty an insurance company owes to one of its insureds. This article dealt with the duty of “good faith and fair dealing” that is owed by the company to its customers.

DELAYS IN PAYING CLAIM

November 10, 2012 | Mark S. Humphreys

Fort Worth insurance lawyers and those in Lake Worth, Saginaw, North Richland Hills, and other parts of Tarrant County need to know the rules governing how an insurance company is suppose to pay a claim.

The Insurance Law Section of the State Bar of Texas published an article that is informative on this subject. It tells us how to calculate the 18 percent statutory damages available under the Prompt Payment of Claims Statute.

The 18 percent penalty is found in the Texas Insurance Code, Section 541.060. The sections 542.051 through 542.061, establish the procedures for determining when first party claims are to be paid. Timetables are set out. These timetables will vary with the facts of the case. The remedies available against insurance companies for violations of the statute provide as follows: