Dallas Fort Worth Insurance Lawyer Blog

Automobile Policy Exclusions

May 27, 2012 | Mark S. Humphreys

Weatherford Insurance Lawyers and those in Mineral Wells, Aledo, Azle, Springtown, Willow Park, Hudson Oaks, Millsap, Brock, and other places in Parker County need to be aware of this case.

It is a 1971, opinion issued by the Houston Court of Appeals. The style of the case is, Carl Calvin Futrell v. Indiana Lumbermens Mutual Insurance Company.

This is a suit for medical payment benefits under an automobile insurance policy. Futrell sued Lumbermens for medical expenses incurred by his minor son, who was injured while riding a motorbike when it collided with a motorcycle. Futrell contended that the trial court erred in concluding that a motorcycle is not an automobile within the meaning of that term as it is used in the medical payments coverage of the Texas family combination automobile insurance policy.

Exclusions In Insurance Policies

May 26, 2012 | Mark S. Humphreys

Insurance Lawyers in Grand Prairie, Arlington, Fort Worth, Lake Worth, Saginaw, Benbrook, Burleson, and other places in Tarrant County would want to be aware of this older case.

The case was decided in 1967, by the Dallas Court of Appeals. The style of the case is, William A. Cockrum v. Travelers Indemnity Company.

This is an appeal by Cockrum from a take nothing summary judgment in favor of Travelers in a suit to recover medical payments under a family automobile insurance policy.

Interpreting Medical Payments Coverage

May 24, 2012 | Mark S. Humphreys

For attorneys in Grand Prairie, Arlington, Fort Worth, Hurst, Euless, Bedford, and other places in Tarrant County, interpreting insurance policies can be difficult. Even experienced Insurance Law Attorneys will often times disagree on what the wording in a policy means as it relates to the facts of a claim.

Here is a case wherein “medical payments coverage” is being interpreted in order to determine how it is paid under the given facts.

This case is a 1973, case out of the Waco Court of Appeals. The style of the case is, Haskell M Dhane et ux. v. Trinity Universal Insurance Co.

What Is An Occurrence In An Insurance Policy?

May 22, 2012 | Mark S. Humphreys

Weatherford attorneys, and those in Mineral Wells, Aledo, Azle, Springtown, Hudson Park, Willow Park, Millsap, Brock, Cool, and other places in Parker County should be interested in this case.

The style of the case is, Foust v. Ranger Insurance Company. The opinion was issued by the San Antonio Court of Appeals in 1998. Here are some facts:

In 1994, Foust farmed various tracts of land which abutted land owned and farmed by Walters Farms. In May 1994, Walters Farms retained Lindeman to crop dust the milo crop on its property. The herbicide used is dangerous to cotton. Some of the herbicide drifted from the target area on to various tracts of land being farmed by Foust for cotton, causing severe damage to Foust’s cotton crop. Foust sued Lindeman, Walter Farms, and the manufacturer of the herbicide for loss of income suffered as a result of the damaged cotton crop.

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.