Dallas Fort Worth Insurance Lawyer Blog

Subrogation

September 11, 2012 | Mark S. Humphreys

Fort Worth insurance attorneys and those in Grapevine, Haslet, Rhome, Newark, and other places around Tarrant County need to have an understanding of subrogation issues when handling insurance cases.

The Eastland Court of Appeals issued an opinion in 2006, that dealt with subrogation. The style of the case is, State Farm Mutual Automobile Insurance Company v. Perkins. Here is some relevant background:

Shannon Perkins was involved in an automobile accident with Eddie Mike Cooper Jr. on May 22, 2003. At the time of the accident, Cooper was driving a dump truck owned by Harold Oaks. Perkins had an automobile insurance policy with State Farm. Cooper did not have automobile liability insurance. As a result of the accident, State Farm paid $25,000 in uninsured/underinsured motorist benefits (UM) to Perkins for her injuries under the terms of her policy.

Notifying Insurance Company About A Claim

September 9, 2012 | Mark S. Humphreys

Weatherford Insurance Lawyers and those in Aledo, Azle, Mineral Wells, Willow Park, Hudson Oaks, Springtown, Millsap, Brock, and other places in Parker County need to make sure their clients promptly turn claims in to their insurance company.

The United States Court of Appeals for the 5th Circuit issued an opinion in August that illustrates the need for doing this. The style of the case is, Berkley Regional Insurance Company, as Subrogee of Venus Rouhani and as Assignedd/Subrogee of the Tower of Town Lake Condominium Association, Inc. v. Philadelphia Indemnity Insurance Company. Here is some relevant background and facts:

This is an appeal from a summary judgment granted in favor of Berkley.

Insurance Policy Technicalities

September 8, 2012 | Mark S. Humphreys

Fort Worth insurance law attorneys and those in Hurst, Euless, Bedford, Grapevine, and other places in Tarrant County would be helping their clients by being aware of the case discussed here.

The case is an opinion issued by the Texas Supreme Court in 1984. The style of the case is, Jo Beth Warren Puckett et al. v. U.S. Fire Insurance Co. Here are some of the relevant facts and information of the case.

The case is a declaratory judgment action. The question presented is whether an insured’s failure to have his plane inspected need be the cause of an accident in order for the insurance company to avoid liability under an aviation policy for damages resulting from that accident. The trial court held that causation was not required and rendered summary judgment for, U.S. Fire Insurance Company. The court of appeals affirmed. The Texas Supreme Court reversed the judgments of both courts and remanded the cause for trial.

Interpreting Your Policy

September 6, 2012 | Mark S. Humphreys

Fort Worth insurance lawyers and those in Crowley, Benbrook, Bedford, Euless, Hurst, Grapevine, and other parts of Tarrant County need to know how the courts interpret insurance policies.

The Dallas Court of Appeals issued an opinion in the case styled, Farmers Insurance Exchange v. Bob Greene. The opinion was issued on August of 2012.

Here is some background:

Damages Determination

September 4, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Dallas, Richardson, Mesquite, Garland, Irving, Carrollton, Farmers Branch, and other areas of Dallas County need to be able to evaluate the value of a claim when discussing the claim with a client. There is no certain way to guarantee an end result in insurance litigation but there are things to be knowledgeable about in order to give informed advice.

The United States District Court, Eastern District, Sherman Division issued an opinion in July 2012, that deals with claim value determination. This case centers around the appraisal process and determination and it’s effect on a case. The style of the case is, Amtrust Insurance Co. of Kansas, Inc. v. Starship League City, L.P. and USA Self Storage, Inc.

Procedurally, this case was heard by a United States Magistrate Judge. The Magistrate ruled in favor of Amtrust in an action seeking declaratory relief.

Claim Denied Because Policy Expired

September 2, 2012 | Mark S. Humphreys

Fort Worth lawyers and those in Grand Prairie, Arlington, Benbrook, Lake Worth, Saginaw, Keller, and other places in Tarrant County need to know about this insurance case.

The case is an opinion issued by the Fort Worth Court of Appeals in 2010. The style of the case is, Glenda and Larry Rice v. Metropolitan Life Insurance Company. Here are some of the relevant facts:

Glenda purchased group life insurance for herself and her husband, as her dependent, through a plan offered by her employer. Larry’s rider provided $50,000 in coverage. Glenda retired in March 2003.

Insurance Attorney Can Help Determine When The Policy Ends

September 1, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Aledo, Azle, Brock, Willow Park, Graford, Millsap and other places in Parker County need to know about this insurance case and the exception that often can apply.

The style of the case is, Ulico Casualty Company v. Allied Pilots Association. This is a Texas Supreme Court case and the opinion was issued in 2008.

Here is some background:

Intentional Acts In Insurance

August 30, 2012 | Mark S. Humphreys

Fort Worth insurance attorneys and those in North Richland Hills, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County should be aware of this legal opinion that was issued in 2002.

The style of the case is, King v. Dallas Fire Insurance Company. It is a Texas Supreme Court opinion. Here are some facts.

In an underlying lawsuit, Greg Jankowiak sued King for injuries he received when one of King’s employees attacked him. In addition to a claim of respondeat superior, Jankowiak also sued King directly for negligent hiring, training, and supervision. In this case, King sought to enforce the duty to defend contained in a commercial liability policy issued by Dallas Fire.

Insurance Company Complaints

August 28, 2012 | Mark S. Humphreys

Fort Worth lawyers and those in Grapevine, Hurst, Euless, Bedford, Colleyville, Keller, Saginaw, and other places in and around Tarrant County need to be aware of a recent article in the Austin American Statesman.

Before showing the content of the article it is important to understand that the place in Texas to go, to complain about an insurance company (besides an experienced Insurance Law Attorney) is the Texas Department of Insurance. TDI has a web-site and easy to access forms for filing complaints. They are suppose to investigate the claims and follow up with the person’s complaint.

Here is what the article tells us:

Life Insurance And Beneficiary

August 26, 2012 | Mark S. Humphreys

Weatherford Insurance Lawyers and those in Aledo, Springtown, Willow Park, Millsap, Azle, Mineral Wells, Cool, Brock, and other places in Parker County would want to know about this life insurance case.

The case opinion was issued by the Houston, 14th Court of Appeals in 1990. The style of the case is, Joseph M. Rumbaut v. Steven and Scott Labagnara.

The issue deals with what is currently, Texas Insurance Code, Section 887.205(b). This section says: