Dallas Fort Worth Insurance Lawyer Blog

Auto Policy Interpretation – Medical Payments Coverage

May 20, 2012 | Mark S. Humphreys

Grand Prairie attorneys and attorneys in Arlington, Mansfield, Fort Worth, Dallas, and anywhere else in Texas would need to have a basic understanding of automobile insurance policies. The following case helps someone to understand how one part of an auto policy is interpreted.

The style of the case is, Wesley Howard Williams v. Employers Mutual Casualty Company. This is a case that was decided in 1963, by the San Antonio Court of Appeals.

This case tells us that “medical payments coverage” is based upon contract and not on the insured’s negligence.

Lawyers Needed On Misrepresentation Claims

May 19, 2012 | Mark S. Humphreys

Weatherford lawyers and those in Mineral Wells, Aledo, Azle, Springtown, Willow Park, Millsap, Brock, Cool, Hudson Oaks, and other places around Parker County need to know the different ways that a misrepresentation can occur.

The Austin Court of Appeals issued an opinion in 1997, that shows one of the ways a misrepresentation can occur. This case is kinda different.

The style of the case is, Apple Imports, Inc. v. Debbie Koole and Pete Resendez. Here is some of the relevant background.

Lawyers Arguing When A Representation Is Made

May 17, 2012 | Mark S. Humphreys

Grand Prairie lawyers and lawyers in Fort Worth, Arlington, Mansfield, Irving, Hurst, Euless, Bedford, Grapevine, Garland, Mesquite, or anywhere else in Texas should understand when a representation is made in the context of a Deceptive Trade Practices Act (DTPA) claim for damages.

The Texarkana Court of Appeals issued an opinion in 1993, that provides guidance on this issue. The style of the case is, Dave Rickey v. Houston Health Club, Inc., d/b/a President & First Lady Health & Raquetball Club.

This is an appeal by Rickey from a summary judgment rendered against him in his suit against Houston Health Club (Health Club). Rickey alleged causes of action under both common law negligence theory and the DTPA for personal injuries sustained when he fell on the Health Club’s astroturf jogging track. Rickey contended the trial court erred because he has both a viable negligence action and a viable DTPA claim against the Health Club.

Misrepresentation By Seller

May 15, 2012 | Mark S. Humphreys

Weatherford attorneys as well as attorneys in Mineral Wells, Aledo, Azle, Springtown, Willow Park, Hudson Oaks, Brock, Millsap, or anywhere else in Parker County can help their clients by understanding when a misrepresentation is made that violates the Texas Deceptive Trade Practices Act (DTPA).

A Houston Court of Appeals, First District, case decided in 1984, which sheds light on how to understand one of the ways a misrepresentation can be made. The style of the case is Lone Star Ford, Inc. v. John McGlashan & Teresa McGlashan.

This is an appeal from a judgment rendered in favor of the McGlashans in their suit for damages based on alleged deceptive trade practices. The case was tried without a jury. Finding of fact and conclusions of law were filed.

Misrepresentations – Get Lawyer Help

May 13, 2012 | Mark S. Humphreys

Lawyers in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Cool, Brock, Millsap, Willow Park, Hudson Oaks, and other places in Parker County need to have an understanding of what a “misrepresentation” is in the context of being actionable under the Texas Deceptive Trade Practices Act. These misrepresentations also apply in the insurance context.

Many situations are obvious, but what about situations where it is not so obvious? Can a representation be implied?

Here is a case that provides some guidance. It is a 1984, opinion issued by the Dallas Court of Appeals. The style of the case is, Skeet Chambless v. Barry Robinson Farm Supply, Inc., and John Deere Company.

Misrepresentations By Insurance Agent

May 12, 2012 | Mark S. Humphreys

Attorneys in Grand Prairie, Irving, Arlington, Fort Worth, and other places in Texas need to understand the ways insurance law works and what constitutes a misrepresentation by an insurance agent.

Here is a case from 1990, that might be helpful in understanding a little bit of how this works. The case is styled, Preston Insurance Agency v. Daryl May et. al. and the opinion was issued by the Texarkana Court of Appeals.

Here is some background.

Insurance Lawyers Needed In Texas

May 10, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Cool, Willow Park, Hudson Oaks, Millsap, Brock, and other places in Parker County will often times find themselves needing an Insurance Lawyer, whether they want one or not.

KSAT posted an article in April, 2012, that gives an example how an insurance company takes advantage of their insureds.

The article, written by April Molina, tells us that a San Antonio woman is going out of pocket more than $5,000 after a leak ruined her floors.

Insurance Lawyer And Why You Need One

May 8, 2012 | Mark S. Humphreys

Policy holders in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Willow Park, Hudson Oaks, Millsap, Brock, and other places in Parker County need to understand important reasons for seeing an Insurance Law Attorney.

The El Paso Court of Appeals issued an opinion on April 11, 2012, that is a good illustration for the involvement of an Insurance Law Attorney. The style of the case is, Amy Warmbrod v. USAA County Mutual Insurance Company.

Here is some background:

Personal Injury Protection Benefits Rejection

May 6, 2012 | Mark S. Humphreys

People with auto coverage in Weatherford, Mineral Wells, Aledo, Millsap, Azle, Springtown, Brock, Willow Park, and other places in Parker County might think they have Personal Injury Protection (PIP) benefits, when they actually do not.

The Austin Court of Appeals issued an opinion in 2003, that can be a little confusing. The style of the case is, Kathryn Payne and Carnell Gulley v. Mid-Century Insurance Company of Texas. Here is some background.

Payne and Gulley filed a lawsuit against Mid-Century alleging they were entitled to PIP benefits under the terms of an auto liability policy issued by Mid-Century. Both sides filed motions for summary judgment and the trial court ruled in favor of Mid-Century. On appeal, the trial court ruling was sustained.

Personal Injury Protection And Fraud

May 5, 2012 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Millsap, Willow Park, Hudson Oaks, Brock, Cool, and other places in Parker County need to be aware of the Personal Injury Protection (PIP) benefits in their auto policy.

Most people have have these benefits do not even know how they work. All they know is that when they talked with their insurance agent they told the agent they wanted “full coverage” and as a result of that directive they ended up with PIP. It is a good coverage to have and there are laws regulating this coverage in the Texas Insurance Code.

These PIP laws are found in Sections 1952.151 thru 1952.161.