Grand Prairie attorneys and those in Fort Worth, Colleyville, Grapevine, Keller, Saginaw, Lake Worth, Benbrook, and other places in Tarrant County need to know how the courts interpret language in auto policies.

The El Paso Court of Appeals issued an opinion in 1995, that dealt with how the courts looked at what a “temporary substitute” auto was in an auto policy. The style of the case is, State Farm Mutual Automobile Insurance Company v. Ismael Cobos, Sr., Ismael Cobos, Jr., and Johnny Ray Riley. Here is some background.

Junior was involved in an automobile collision with Riley while driving a truck owned by Senior’s employer. The trial court found Junior covered under the Cobos family insurance policy because the truck was not furnished for Senior’s regular use and because the truck was a substitute vehicle at the time of the accident as defined in the insurance contract per the facts of the case.

Grand Prairie lawyers and those in Mesquite, Garland, De Soto, Cedar Hill, Dallas, and other places in Dallas County need to understand how the courts interpret various insurance policies.

Here is a 1996, case out of the Eastland Court of Appeals that sheds some light on the topic of interpreting auto insurance policies. The style of the case is Gilberto Guerra, Jr. and Mary Massey Guerra v. Sentry Insurance, a Mutual Company.

This is a case wherein the trial court granted summary judgement for the Sentry Insurance. The question on appeal was whether the insurance policy provided liability coverage on an “additional vehicle” which was acquired by the policyholder (and which was involved in an accident within 30 days of its acquisition) when notice was not given to the insurance company within 30 days after the policyholder became the owner of the automobile.

Weatherford insurance attorneys and those in Mineral Wells, Graford, Cool, Springtown and other places in Parker and Palo Pinto County need to know how courts interpret insurance policy disputes.

The United States District Court, Southern District, Houston Division, issued an opinion in June 2012, dealing with this issue. The style of the case is, Texas Renegade Construction Company, Inc. v. Hartford Lloyd’s Insurance Company.

This is a case where the court granted the insurance companies motion for summary judgment. The case is a coverage dispute based on the policy language and the facts of the claim. Here are some of the basic facts:

Fort Worth insurance attorneys and those in Arlington, Burleson, Benbrook, Grapevine, Saginaw, Lake Worth, Crowley, and other places in Tarrant County need to know when an insurance company can be held liable for a delay in paying a claim.

The Texas Supreme Court issued an opinion in 2004, that deals with this issue. The style of the case is, Republic Underwriters Insurance Company v. Mex-Tex, Inc. Here are some of the facts:

Following a May 25, 1999 hail storm in Amarillo declared by the Texas Department of Insurance to be a weather-related “catastrophe for the purpose of claims processing”, Mex-Tex, Inc. notified its property insurer, Republic Underwriters Insurance Co., of damage to the roof of Signature Mall, a retail shopping center that Mex-Tex owned. Mex-Tex claimed that the roof had been destroyed and should be replaced. Republic immediately investigated the claim but disputed the amount of damage attributable to hail. The roof had leaked for a long time, and months before the storm Mex-Tex had obtained estimates to replace it. While Republic was still investigating the claim, it learned that Mex-Tex had retained a contractor to go ahead, without waiting on Republic, and replace the roof at a cost of $179,000 with one of the same kind, but which would be fixed to the building mechanically rather than by ballast as the old roof had been. Republic’s first response was to offer what it believed was the cost to repair the minimal hail damage, $22,000, as what it termed “partial payment” of Mex-Tex’s claim, but when Mex-Tex rejected that offer, Republic sent Mex-Tex a check on August 20, 1999, including $145,460, an amount representing what Republic’s engineer had determined was the cost of replacing the mall’s roof with an identical one, attached by ballast.

Weatherford Attorneys and those in Springtown, Aledo, Azle, Willow Park, Hudson Oaks, Brock, Millsap, Cool, Mineral Wells, and other places in Parker County need to know how the courts look at and determine whether or not someone is a “permissive driver” under an insurance policy.

The Eastland Court of Appeals issued an opinion in 2006, that looked at this issue. The style of the case is, Gary Arkinson v. Nancy Snodgrass and Texas Farm Bureau Insurance. Here is some background:

Gary Atkinson sued Nancy Snodgrass and Texas Farm Bureau Insurance to recover damages he sustained in a motor vehicle accident with Ted Horn. Atkinson alleged that Snodgrass negligently entrusted a vehicle to Horn and that Farm Bureau was responsible for a default judgment that he had taken against Horn. The parties filed cross-motions for summary judgment. The trial court granted Snodgrass and Farm Bureau’s motion for summary judgment and dismissed Atkinson’s claims against them.Snodgrass asked Horn to repair her pickup’s transmission. She drove the pickup to Horn’s residence and left it with the keys. Horn eventually returned the pickup to Snodgrass and represented that the transmission had been repaired. Snodgrass test-drove the pickup and discovered that it still did not shift properly. She told Horn that this was unacceptable and that she wanted her pickup repaired. Horn drove the pickup back to his house. Two days later, Horn and his daughter drove the pickup to Lake Brownwood — approximately forty-five miles from his house — and were involved in an accident with Atkinson.

Fort Worth Insurance Lawyers and those in Grand Prairie, Saginaw, Benbrook, Lake Worth, Grapevine, and other places in Tarrant County need to understand who gets covered by an auto insurance policy and who doesn’t. Here is a case that helps with part of that question.

It is a 1989, Dallas Court of Appeals case. The style is United States Fire Insurance Company v. United Service Automobile Association. Here are some facts.

This is an appeal involving a dispute between insurance companies over which one has a duty to defend Anna Milliken, a passenger in an auto, who allegedly caused an accident by grabbing the steering wheel of a moving vehicle.

Weatherford attorneys and those in Springtown, Aledo, Azle, Mineral Wells, Millsap, Brock, Willow Park, Hudson Oaks, and even out in Grafford need to be sure what an “accidental loss” is under an insurance policy.

The Austin Court of Appeals dealt specifically with this issue in a 1997 opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Joel Kelly. The issue in this case is whether or not a car that was confiscated by authorities that had previously been stolen is a “accidental loss” under the policy at issue.

Here is some background:

Weatherford lawyers and those in Springtown, Aledo, Azle, Mineral Wells, Millsap, Brock, Willow Park, Hudson Oaks, and even out in Grafford need to be sure what a “covered auto” is under an insurance policy.

The Austin Court of Appeals dealt specifically with this issue in a 1997 opinion. The style of the case is, State Farm Mutual Automobile Insurance Company v. Joel Kelly. The issue in this case is whether or not a car that was previously stolen is a “covered auto” under the policy at issue.

Here is some background:

Fort Worth Insurance Lawyers and those in Saginaw, North Richland Hills, Benbrook, Lake Worth, Arlington, and other parts of Tarrant County need to know the claims that allow for recovery of “loss of use.”

The Corpus Christi Court of Appeals issued an opinion in 1988, that gives some insight into this element of loss and the types of cases where it is recoverable. The style of the case is, Chemical Express Carriers, Inc. v. French. Here is some background.

The claim arises out of a situation where some airport fuel was contaminated. French and others named in the lawsuit were the operators of the facility where the contamination occurred. The trial court ruled in favor of French and this appeal followed.

Fort Worth Insurance Lawyers and those in Saginaw, Grapevine, Benbrook, Burleson, and other places around Tarrant County need to grasp how courts interpret the different words and phrases in an insurance contract.

The meaning of “motor vehicle accident” may seem to be an easy to understand phrase but the phrase was the subject of a lawsuit that went all the way to the Texas Supreme Court. This 2004, case is titled, “Texas Farm Bureau Mutual Insurance Company v. Jeff A. Sturrock.” Here is some background.

Jeff Sturrock drove his truck to work, parked, and turned off the engine. While exiting the truck, he entangled his left foot on the raised portion of the truck’s facing. Sturrock injured his neck and shoulder in his attempt to prevent himself from falling from the vehicle. Sturrock filed a claim for Personal Injury Protection (PIP) benefits under his vehicle’s insurance policy, issued by Texas Farm Bureau.

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