Dallas Fort Worth Insurance Lawyer Blog

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:

Person’s Entitled To Life Insurance Benefits “Slayer’s Rule”

August 25, 2012 | Mark S. Humphreys

Weatherford insurance law attorneys and those in Mineral Wells, Springtown, Aledo, Azle, Millsap, Brock, Hudson Oaks, Cool, and other places in Parker County need to know what the “slayer’s rule” is as it relates to life insurance benefits.

This rule is exemplified in the 1987, Texas Supreme Court case, Crawford v. Coleman. Here is some background.

This is an insurance disqualification case involving the distribution of proceeds of life insurance policies.

Subrogation

August 23, 2012 | Mark S. Humphreys

Grand Prairie attorneys and those in Fort Worth, Dallas, Hurst, Euless, Bedford, Garland, and other areas in the metroplex area have to keep up with legal issues related to subrogation. Many insurance situations involve subrogation, especially cases involving injury claims.

There are three types of subrogation, (1) equitable, (2) contractual, and (3) statutory.

(1) Equitable subrogation arises by operation of law. While insurance contracts typically give an insurer a right to subrogation, upon payment of a loss, an insurer is equitably subrogated to any right the insured may have against a third party causing the loss, whether or not the policy provides expressly for subrogation.

Accidental Death Policy

August 21, 2012 | Mark S. Humphreys

Life Insurance Lawyers in Grand Prairie and those in Fort Worth, Dallas, and other places in the metroplex area, would want to be aware of this case.

The opinion was issued on July 19, 2012, by the United States 5th Circuit Court of Appeals. The style of the case is, Cheryl Likens v. Hartford Life and Accident Insurance Company. Here is some background.

After coming home drunk, Wesley Vincent was found face-down in front of his house by his wife, Cheryl Likens. He was taken to the hospital but eventually died. Likens tried to collect as the beneficiary of an accidental-death insurance policy, but the claim was denied under an alcohol exclusion, because Hartford Life and Accident Insurance Company (“Hartford”) determined that the injury resulted from being legally intoxicated from alcohol. The district court granted summary judgment for Hartford based on the alcohol exclusion. This Court affirmed the trial court.

Home Owners Policies

August 19, 2012 | Mark S. Humphreys

Grand Prairie insurance lawyers and those in Dallas, Fort Worth, Arlington, Garland, Mesquite, Richardson, and other places in the metroplex area need to know what they are looking for in an insurance policy that a client brings to them.

Here are some lines taken from an article that was found recently that discussed deductibles and coverages in homeowners policies. This was after a hail storm that had occurred in the Dallas / Fort Worth area.

“…

Insurance And Lawsuits

August 18, 2012 | Mark S. Humphreys

Grand Prairie attorneys and those in Fort Worth, Dallas, Mesquite, Richardson, Garland, and other places in the metroplex area should keep up with the legislative attempts to change laws regulating insurance and lawsuits.

The consumer group, Texas Watch, were able to get the Austin American Statesman to publish an op-ed to “set the record straight” as to an op-ed that was published in the same paper and pushed by Rick Perry and members of the corporate lobby trying to limit the right of Texas families and small business owners to seek legal accountability in Texas courts.

The article is titled “Taking Away Right To Sue When Wrong Has Been Done Isn’t Helping Texans” and tells us:

Subrogation – How Does It Work

August 16, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Springtown, Hudson Oaks, Aledo, Azle, Mineral Wells, Graford, Brock, and other places in Parker and Palo Pinto Counties need to have an understanding of subrogation any time they are dealing with a case involving insurance claims.

An insurance company who has paid an insured loss may be entitled to reimbursement from a third party that is responsible for causing the loss. This right of recovery arises under the equitable doctrine of “subrogation.” Some insurance policies also provide a contractual subrogation right.

Subrogation places one party in the place of another so that the new party gains the right of the former party regarding a claim. In this context, the insurance company “steps into the shoes” of the insured to pursue a claim against the tortfeasor.

What Is Not An Accident?

August 14, 2012 | Mark S. Humphreys

Grand Prairie insurance attorneys and those in Fort Worth, Dallas, North Richland Hills, Bedford, Hurst, Grapevine, and other places in Texas will find unusual claims being made every once and a while. Here is one that seems kind of strange.

The case is an opinion issued in 1997, by the Texas Supreme Court. The style of the case is, Farmers Texas County Mutual Insurance Company v. Robert Griffin.

This was a declaratory judgment action. Farmers Texas County Mutual Insurance Company sought a declaration that it had no duty to defend or indemnify its insured, James Royal III, in a suit brought by Robert Griffin. The trial court granted summary judgment for Farmers. The court of appeals reversed, holding that Farmers had a duty to defend Royal but not to indemnify him. This Court holds that, under the facts alleged against Royal, Farmers has no duty to defend Royal in the underlying suit. The Court further held that Farmers’ duty to indemnify Royal constituted a justiciable controversy properly reached and decided by the trial court. Accordingly, the Court reversed the judgment of the court of appeals and rendered judgment for Farmers.