Dallas Fort Worth Insurance Lawyer Blog

Who is “Any Person” In An Auto Insurance Policy

December 4, 2012 | Mark S. Humphreys

Weatherford attorneys and those in Springtown, Willow Park, Aledo, Hudson Oaks, Brock, and other places in Parker County need to have an understanding of how to interpret an auto insurance policy.

Most auto insurance policies will have wording to the effect that there is coverage provided by the policy for “any person” using the covered auto.

An individual covered under this clause (that is, a non-family member using the covered auto) is referred to in Texas case law as an omnibus insured, covered person or an insured by definition. These types of clauses are sometimes referred to as omnibus clauses. Texas cases using it this way include cases from the Texas Supreme Court as far back as 1979. Various other Courts of Appeal have said the same in 1972, 1973, and 1994. A Dallas Court of Appeals opinion issued in 1962 said, “A named insured is the one who purchases the policy, presumably has it in his possession and is deemed to know the contents of the contract he made. On the other hand an ‘omnibus insured‘ under a comprehensive policy stand in the position of a third party beneficiary of a contract to which he is not a party, but is a stranger.” The style of the Dallas case is, Standard Acc. Ins. Co. V Employers Cas. Co. Here is some background for reference:

Gripes About Insurance Arbitration Requirements

December 2, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Duncanville, De Soto, Cedar Hill, Lancaster, Irving, Mesquite, Garland, and other places in Dallas County need to know changes that are being contemplated by the Texas Department of Insurance.

One change currently being contemplated is good news for insurance policy holders. Here is an excerpt from a bulletin put out recently.

“The Texas Department of Insurance is considering a rule to prohibit pre-dispute mandatory binding arbitration provisions in insurance products.

Life Insurance Concerns

December 1, 2012 | Mark S. Humphreys

Fort Worth insurance attorneys need to keep up with what is going on in the insurance community. Reuters recently published an article titled “Insurance Industry Woes Hit Consumers.”

The article starts out telling us something obvious: Nobody wants to feel sorry for life insurance companies. They are just the annoying folk who make you think about death, cash your checks, and then give you grief if you ever have to file a claim, right?

But then gets serious and tells us: Don’t be so cynical. These are challenging times for the insurance industry. Company representatives meeting in Washington for the annual American Council of Life Insurers conference seemed downright gloomy, and if asked, were eager to tick off the troubles facing them.

Uninsured Definition

November 29, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers will run across situations where the definition of “uninsured” is not clear. One of those situations was present in a recent Austin Court of Appeals case. The case is styled, Nealey Michelle Malham v. Government Employees Insurance Company.

Here is some relevant information.

Malham was injured in a motor vehicle accident in which the car in which she was a passenger was struck by a pickup truck owned by the City of Killeen and driven by a city employee while working. Malham sued the City and its employee alleging that she suffered injuries as the result of the employee’s negligent acts and that the City was vicariously liable for its employee. Malham settled her claims against the City and the employee in exchange for payment to her of $87,500. Thereafter, Malham filed a claim under the uninsured motorist coverage provision of her GEICO policy seeking to recover medical expenses related to back surgery she alleges was recommended to treat injuries sustained in the accident. In the underlying cause of action, Malham sought a declaration that the City vehicle that struck the car she was riding in was an “uninsured motor vehicle,” as that term is defined in her contract with GEICO, and that she was entitled to recover $300,000 from GEICO under the terms and conditions of the uninsured-motorist coverage contained in the policy. After a bench trial, the court rendered a final take-nothing judgment in GEICO’s favor. The court entered findings of fact and conclusions of law supporting its conclusion that GEICO was not liable to Malham for the payment of any uninsured motorist benefits under the terms and conditions of her GEICO policy. This appeal followed.

Lawyer Sues Insurance Company

November 27, 2012 | Mark S. Humphreys

Fort Worth lawyers and those in Saginaw, North Richland Hills, Grapevine, and other places in Tarrant County need to keep up with lawyer news and insurance news. The American Bar Association ran an article on October 11, describing an attorney suing an insurance company.

The article tells us a jury trial was beginning for a Texas lawyer seeking $25 million in a tortious interference suit against an insurance company with which he formerly had dealings while representing plaintiffs in asbestos cases.

The lawyer contends that Hartford Financial Services Group Inc. set him up to face criminal prosecution, without appropriate basis, in order to conceal the involvement of two of its own claims processors in a $3 million extortion from him, reports Bloomberg in a lengthy article about the case. He argues that the insurer protected the two employees to preclude their telling regulators about a lack of reserved funds at the time of the scheme to cover asbestos-related claims.

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.