Dallas Fort Worth Insurance Lawyer Blog

Insurance Companies Doing Wrong

October 16, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Irving, Dallas, Fort Worth, and other areas in Texas need to keep informed about the wrongs insurance companies are committing on their insureds.

It turns out that State Farm is being investigated for criminal wrongs committed on its insureds arising from hurricane claims. This has been reported by Bloomberg Business Week and the Austin Statesman, as well as other news outlets.

Texas investigators have opened a criminal probe into how State Farm handled what may turn out to be thousands of insurance claims from Gulf Coast homeowners involving damage from Hurricane Ike in 2008, officials said Friday.

Insurance Lawyers And Uninsured Coverage

October 14, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Irving, Arlington, Dencanville, De Soto, Cedar Hill, Mansfield and other places in DFW need to now about this opinion.

The opinion is a case out of the San Antonio Court of Appeals. It is styled, Ruben L. Briones v. State Farm Mutual Automobile Insurance Company. Here is some relevant information.

This is an appeal from a take nothing summary judgment. This court ruled that the trial court erred in granting the summary judgment because there was a genuine issue as to material facts, namely whether the tractor-trailer in which Briones was a passenger at the time of his injuries was furnished or available for his regular use, as that term is used in his policy of insurance.

Insurance Companies Denying Claims And Raising Rates

October 13, 2012 | Mark S. Humphreys

Dallas insurance attorneys need to keep up with what is going on in the insurance industry. An Austin paper ran an article talking about rate hikes and the insurance company claim for the necessity of the rate hike. Here is what the article tells us.

State Farm Lloyds of Texas said Friday that it intends to raise homeowner policy rates in Texas by an average of 20 percent.

In a move that drew criticism, the state’s largest writer of homeowners insurance submitted a notice of the increase to the Texas Department of Insurance. The changes will be effective Nov. 1 for new customers and Dec. 1 for existing customers, if the change is not denied by the department.

Home Owners Insurance Claims

October 11, 2012 | Mark S. Humphreys

Dallas insurance attorneys and those in Mesquite, Garland, Richardson, and other places in Dallas County need to be aware of the insurance practices related to some home owners claims that were discussed in a recent article titled, “Can Mortgage Lenders Hold Your Insurance Money Hostage?”

Here is what it tells the reader:

If your home has been seriously damaged or destroyed, your insurance company will release a check made out to both you and your mortgage lender to pay for the necessary repairs.

Is The Car Still Covered?

October 9, 2012 | Mark S. Humphreys

Dallas insurance law attorneys and those in Garland, Mesquite, Richardson, and other places in Dallas County need to be aware of this opinion.

The Houston Court of Appeals, 14th District, issued an opinion in 2003 that insurance law attorneys need to know. The style of the case is, Armendariz v. Progressive. Here is some relevant information about the case.

Alejandro and Alma Armendariz, appeal from cross-motions for summary judgment granted in favor of Progressive County. In two issues, they contend that Progressive owed Alma the duty to defend and indemnify her in a wrongful death lawsuit filed by Alma’s mother.

Automobile Coverage

October 7, 2012 | Mark S. Humphreys

Dallas insurance lawyers and those in Mesquite, Garland, Richardson, Irving, and others areas in the metroplex need to be aware of this case.

The Texas Supreme Court issued an opinion in 1972, that is still good law. The style of the case is, Snyder v. Allstate Insurance Company. Here is some relevant information.

The controversy here is between Allstate, which issued an automobile insurance policy to J.B. Rhodes, and Fidelity and Casualty Company, which issued a policy to John Snyder, as to which insurer was obligated to defend Robert Snyder (minor son of John Snyder) and pay damages arising out of the collision of an automobile in the possession of and used by Darla Rhodes (minor daughter of J.B. Rhodes) while being driven by Robert Snyder with Darla Rhodes as a passenger.

Life Insurance Payment Denied

October 6, 2012 | Mark S. Humphreys

Weatherford insurance attorneys and those in Aledo, Azle, Springtown, Cool, Millsap, Willow Park, Hudson Oaks, and other places in Parker County need to know when to fight an insurance company.

A 1988, opinion issued by the Beaumont Court of Appeals styled, Massachusetts Indemnity v. Morrison, is a worth while read. Here is some relevant background.

Michael Morrison died when his car veered off the road and hit a tree. A handwritten note found at the scene appeared to be a suicide note.

Life Insurance “Pilot Exclusion”

October 4, 2012 | Mark S. Humphreys

Grand Praire life insurance attorneys and those in Dallas. Garland, Mesquite, Richardson, and other places in Dallas County need to understand one of the exclusions found in almost all life insurance policies. That is the “Pilot Exclusion.”

The Texarkana Court of Appeals issued an opinion in 1989, in the case styled, “American Home Assurance Company v. Loretta Anne Brandt.”

Here are some of the facts:

Life Insurance And Suicide

October 2, 2012 | Mark S. Humphreys

Fort Worth life insurance attorneys and those in Weatherford, Mineral Wells, Springtown, Millsap, Brock, Aledo, and other places in Parker County would need to understand the suicide exclusion in life insurance policies.

It is typical for a life insurance policy to exclude suicide as an assumed risk. The Houston (14th District) Court of Appeals opinion in Parchman v. United Liberty Life Insurance Company, discussed a policy that excluded suicide as an assumed risk for two years from the date of the policy and provided a reduced benefit of the return of all premiums paid if death resulted from suicide within that period.

In another opinion, Southern Farm Bureau Life Insurance Company v. Dettle, issued by the Amarillo Court of Appeals, the policy provided: If the insured within two years from the date of the issue of this policy shall die by his own hand or act whether sane or insane, the liability of the Company shall be limited to an amount equal to the premiums actually paid, without interest.

Life Insurance And The Law

September 30, 2012 | Mark S. Humphreys

Life Insurance Attorneys in Fort Worth, Weatherford, Grand Prairie, Dallas, and the rest of the State need to have some understanding of when a person is considered dead for life insurance purposes. Admittedly, it is not a situation that is going to occur very often, but is a situation where a little knowledge is necessary.

Stating the obvious: For the beneficiary of a life insurance policy to recover death benefits, the insured must be dead. Doubt may arise when the insured disappeared or when there is uncertainty over the identity of the dead body. There are many Texas cases that stand for the preceding statement.

Proof of the insured’s death may be aided by a legal presumption. After a person is absent for seven years, the law presumes the person to be dead. This is found in the Texas Civil Practice & Remedies Code, Section 133.001. It is short and says, “Any person absenting himself for seven successive years shall be presumed dead unless it is proved that the person was alive within the seven-year period.”