Dallas Fort Worth Insurance Lawyer Blog

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.

Do Auto Insurance Policies Pay Punitive Damages

August 12, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Irving, Fort Worth, Dallas, and the surrounding areas need to know what auto insurance policies pay on claims. If you sue someone for a wrong they have committed and the wrong is so bad as to allow for the recovery of punitive damages, will an auto insurance policy pay the punitive damages?

A 1989, El Paso Court of Appeals case gives some guidance regarding the payment of punitive damages and is still good law. The style of the case is, Emigdia C. Manriquez et al. v. Mid-Century Insurance Company of Texas.

Here is some background:

What Is A Person’s Primary Residence

August 11, 2012 | Mark S. Humphreys

Grand Prairie lawyers and those in Dallas, Fort Worth, and the DFW area need to be aware of this case if they handle insurance cases.

The case is out of the United States 5th Circuit Court of Appeals. The opinion was issued in July, 2012. The style of the case is, “State Farm Fire and Casualty Company v.Matthew Lange” (and others parties involved).

Here are some facts upon which summary judgment was granted in favor of State Farm:

Property Damage

August 9, 2012 | Mark S. Humphreys

Weatherford insurance attorneys and those in Springtown, Graford, Millsap, Mineral Wells, Aledo, and other places in Parker and Palo Pinto Counties need to be aware of this Texas Supreme Court case.

The opinion was issued in June 2012. The style of the case is, Evanston Insurance Company v. Legacy of Life, Inc.

The case came to the Texas Supreme Court on two certified questions from the Fifth Circuit Court of Appeals. The certified questions arise from a suit filed by a daughter against an organ donation charity when she discovered that the charity–contrary to an earlier representation to her–would allegedly profit from harvesting her deceased mother’s tissues. The charity requested a defense from its insurer and the insurer denied a defense. The insurer’s subsequent suit against the charity resulted. One of those issues will be dealt with here.

Bodily Injury

August 7, 2012 | Mark S. Humphreys

Grand Prairie insurance law attorneys and those in Mesquite, Garland, Richardson, Dallas, De Soto, and other places in Dallas County would want to now about this Texas Supreme Court case.

The opinion was issued in June 2012. The style of the case is, Evanston Insurance Company v. Legacy of Life, Inc.

The case came to the Texas Supreme Court on two certified questions from the Fifth Circuit Court of Appeals. The certified questions arise from a suit filed by a daughter against an organ donation charity when she discovered that the charity–contrary to an earlier representation to her–would allegedly profit from harvesting her deceased mother’s tissues. The charity requested a defense from its insurer and the insurer denied a defense. The insurer’s subsequent suit against the charity resulted. One of those issues will be dealt with here.