Dallas Fort Worth Insurance Lawyer Blog

Vacancy Clause In Homeowners Policy

May 3, 2012 | Mark S. Humphreys

A person in Weatherford, Mineral Wells, Aledo, and other places in Parker County who has a homeowners policy would find the following case of interest.

At one time or another a house or residence is going to be vacant for a period of time. Maybe it is when remodeling is being done, or if the property is a rental, there may be a vacancy when a tenant moves out. There may be a temporary vacancy when a house is up for sale. There can be many situations where a structure is temporarily vacant. What most people do not realize is that almost all policies have vacancy exclusions written into the policy. The insured customer discovers this only when they are making a claim and the adjuster assigned the claim determines the vacancy exclusion is applicable and denies the claim for benefits.

The Fort Worth Court of Appeals issued an opinion recently that dealt with the vacancy clause exclusion in a homeowners policy. The style of the case is, Columbia Lloyds Insurance Company v. Robert Mao and Vachana Mao.

Insurance Playing Games

May 1, 2012 | Mark S. Humphreys

Most people in Weatherford, Aledo, Azle, Willow Park, Hudson Oaks, Springtown, Millsap, Brock and other places in Parker County probably already know this but here goes. Did you know an insurance company will play games with you that are designed to separate you from money to which you are entitled.

The answer to the above is illustrated by Reuters article that was on line recently. The title of the article is, “As Weather Gets Biblical, Insurers Go Missing.” The arthur is Matt Stroud. The article tells us how insurance companies are playing games with insurance policies when weather gets bad. For example, many homeowners get hit with the loss of their insurance policies after making claims resulting from weather disasters.

A person in Springfield, Massachusetts, a retired school teacher, found broken windows, missing siding, and a damaged roof after a recent tornado. Her insurance company offered to pay for one window and some of the siding. It ended up taking her nine months and working with an independent adjuster, the Massachusetts Division of Insurance, and a mediation before getting compensated.

Credit Disability Insurance Policy

April 29, 2012 | Mark S. Humphreys

Car buyers in Grand Prairie, Fort Worth, Arlington, Dallas, Grapevine, Keller, Saginaw, and other Tarrant County cities should pay attention to this case. It shows how complicated some of the “Credit Disability Insurance” policies can be.

The opinion in the case was issued by the Houston Court of Appeals, First District, in December of 2011. The style of the case is, Bernice Hudspeth v. Enterprise Life Insurance Company. Here is some background.

On July 5, 2003, Hudspeth purchased a car from a dealership. In conjunction with that purchase, she also bought a disability insurance policy to cover her car payments in the event of her disability. It was a “reducing” policy, meaning that the value of the insurance declined when each car payment was made reducing the balance owed on the vehicle. The back of the credit insurance contract contained the following provision defining disability in a section entitled “DISABILITY INSURANCE COVERAGE”:

Need Insurance Law Attorney For GAP Insurance

April 28, 2012 | Mark S. Humphreys

People in Weatherford, Aledo, Azle, Willow Park, Hudson Oaks, Springtown, Millsap, Brock, Mineral Wells, and other places in Parker County need to know when it is time to get an experienced Insurance Law Attorney.

The Houston Court of Appeals, First District, issued an opinion in 2009, that is worth reading. The style of the case is, Russell W. Harrison v. Charlie Thomas Ford, Ltd. D/B/A Charlie Thomas Ford. This is an appeal from a summary judgment granted in favor of Charlie Thomas Ford.

The background facts of the case is not real relevant here because the case was essentially resolved based on statutes dealing with the sale of credit and GAP insurance.

Credit Insurance Policy

April 26, 2012 | Mark S. Humphreys

Credit policies sold in Grand Prairie, Arlington, Mansfield, Fort Worth, Dallas, or any other place in Texas are regulated by the Texas Department of Insurance and the Texas Insurance Code. This means that when one of the policies are denied when an application for benefits is made, that an experienced Insurance Law Attorney should be consulted so that a beneficiary’s rights are not wrongfully denied.

Here is a case that was strange.

This is a 2001, case that was decided by the Beaumont Court of Appeals. The style of the case is, Paula Guillory v. Service Life and Casualty Insurance Company. Here is some of the background on the case.

Credit Life / Disability Policies

April 24, 2012 | Mark S. Humphreys

Car buyers in Grand Prairie, Arlington, Fort Worth, Mansfield, Dallas, Mesquite, Garland, and other places in North Texas should be interested in this case.

The case is from 1996, and was decided by the Austin Court of Appeals. The style of the case is, American National Insurance Company and Heart of Texas Dodge v. Rosemary Paul and Don Paul. Here are some of the facts.

On February 16, 1993, the Pauls purchased a van from Dodge. Before this date, Mr. Paul negotiated the purchase terms of the van with one of Dodge’s agents. Mr. Paul asked the sales agent whether the purchase price included credit disability insurance. The agent responded that he did not know. Beyond this inquiry there was never any discussion of whether credit disability insurance was to be included in the transaction.

Credit Accident And Health Insurance Policies

April 22, 2012 | Mark S. Humphreys

Most people in Grand Prairie, Fort Worth, Bedford, Euless, Hurst, Grapevine, and other places in Tarrant County would not know exactly how credit policies work. Insurance companies have in the past, tried to say that these “credit policies” are not regulated by the Texas Department of Insurance.

An opinion issued in 2003, declares that these credit life and health policies are regulated by the Texas Department of Insurance. The case is, Service Lloyds Insurance Company v. Jose Montemayor, Commissioner of Insurance, and the Texas Department of Insurance. Here is some background.

The case was decided by the Austin Court of Appeals, and was an appeal from a judgment affirming an order of the Texas Department of Insurance (TDI).

Life Insurance And Paperwork

April 21, 2012 | Mark S. Humphreys

Residents of Grand Prairie, Fort Worth, Arlington, Hurst, Euless, Bedford, and other places in Texas need to be able to read and understand the papers related to life insurance policies. The following case is a good example of this.

The case was decided in 2004, and was an opinion issued by the Dallas Court of Appeals. The style of the case is, Royal MacCabees Life Insurance Company v. Vicki James and The City of Mesquite. Here are some of the facts.

Donnie James was a police officer for the City of Mesquite who died on June 5, 1998. This dispute arises out of a group life insurance policy issued by Royal for City of Mesquite employees. Under the policy, an eligible employee could elect coverage in incremental amounts up to $100,000. It is contended that Donnie James was eligible for, elected, and paid premiums for $100,000 in benefits. There is no dispute as to the first $50,000 in benefits. Royal paid $50,000 after James death. The lawsuit arose out of Royal’s denial of the additional $50,000 in benefits for which Donnie James had paid premiums (through payroll deductions) for four years and ten months prior to his death.

Conditions In A Life Insurance Policy And Lawyers

April 19, 2012 | Mark S. Humphreys

Insureds in Grand Prairie, Fort Worth, Saginaw, Southlake, Roanoke, Keller, North Richland Hills, and other places in Tarrant County need to understand what their life insurance policy says.

The United States 5th Circuit Court of Appeals issued an opinion in 2008, that is on point. The style of the case is, Quihong Liu v. Fidelity and Guaranty Life Insurance Company.

Here is some of the factual and procedural background.

Life Insurance Policy And Lawyer

April 17, 2012 | Mark S. Humphreys

It is hard for someone in Weatherford, Mineral Wells, Millsap, Aledo, Hudson Oaks, Springtown, Willow Park, or any where else in Parker County to understand a life insurance policy. Here is a case that shows how some are interpreted.

The style of the case is Assurity Life Insurance Company v. Varsha Grogan, et al. This is a case decided by the United States Fifth Circuit Court of Appeals in 2007. It is an appeal from the district court’s entry of final judgment in favor of Grogan entitling her to proceeds from her husband’s life insurance policy. Assurity argued that, under Texas law, the policy issued to Mr. Grogan never took effect because it contained a “good health” condition precedent to its effectiveness; and that Mr. Grogan was not in good health on the date relevant to the policy’s effectiveness.

On April 4, 2002, Mr. Grogan submitted to Assurity an application for $1,000,000 of whole life insurance on his own life. This application did not progress and was later closed. On August 8, 2002, Mr. Grogan sent Assurity a letter reaffirming his desire to apply for the policy.