Dallas Fort Worth Insurance Lawyer Blog

Insurance Lawyer And Policy Interpretation

March 25, 2012 | Mark S. Humphreys

Deer hunters in Grand Prairie, Arlington, Fort Worth, Hurst, Euless, Bedford, Mansfield, North Richland Hills, Saginaw, and other places in Tarrant County should find this case interesting. It shows how an experienced Insurance Law Attorney can help in making a recovery in an injury case.

The style of the case is, Farmers Insurance Exchange and Allstate County Mutual Insurance Company v Juan Rodriguez. The opinion in the case was issued on February 16, 2012, by the Houston Court of Appeals, 14th District. Here is some background.

Juan Rodriguez was injured while helping his neighbor Michael Woodling remove a deer stand from Woodling’s trailer. Rodriguez sued Woodling for negligence and, in the same case, Rodriguez’s automobile insurer, Allstate, seeking coverage under an uninsured/underinsured motorist (UIM) policy. Rodriguez later sued Woodling’s insurer, seeking liability coverage from Woodling under his homeowner’s policy. In a pre-trial partial summary judgment, the court declared the claims were covered by both insurance policies. At trial, the jury found Woodling negligent. The appeal was about the interpretation of the policies as it relates to this claim.

Uninsured Claim

March 24, 2012 | Mark S. Humphreys

Insureds in Grand Prairie, Fort Worth, Dallas, Cedar Hill, De Soto, Irving, Carrollton, Mesquite, Garland, and other places in Dallas and Tarrant Counties should find this case interesting. It deals with the definition of “uninsured motor vehicle” in an automobile insurance policy.

The case was decided on February 8, 2012. The opinion was issued by the Austin Court of Appeals. The style of the case is, “Nealey Michelle Malham v. Government Employees Insurance Company“.

Malham appealed her take-nothing judgment in her suit for uninsured motorist coverage against Government Employees Insurance Company (GEICO). This appeals court upheld the take-nothing judgment.

Life Insurance Beneficiary

March 22, 2012 | Mark S. Humphreys

Insurance policy holders in Grand Prairie, Fort Worth, Burleson, Benbrook, Crowley, Joshua, Lake Worth, Cleburne, and other places in Tarrant County and Texas may want to know about this case. It involves the naming of a life insurance beneficiary in a life insurance policy and Texas law.

This case was decided by the United States Fifth Circuit Court of Appeals. The opinion was issued on February 9, 2012. The style of the case is, Provident Life And Accident Insurance Company v. Jill Cleveland, et. al. Here is the case.

This was an interpleader action filed to determine who should receive the proceeds of a life insurance policy. Shona Cleveland, the former wife of decedent Gerald Cleveland, appealed from the district court’s grant of summary judgment in favor of Jill Cleveland, who was Gerald’s wife at the time of his death.

Certificate Of Insurance

March 20, 2012 | Mark S. Humphreys

Business people in Grand Prairie, Fort Worth, Arlington, Saginaw, Roanoke, Grapevine, Hurst, Euless, Bedford, and other cities in the Dallas / Fort Worth metroplex area should pay attention to this recent case.

The United States District Court, Southern District, Houston Division, issued an opinion on January 24, 2012, in a case styled, Bender Square Partners v. Factory Mutual Insurance Company, d/b/a FM Global, and PNS Stores, Inc.

This case deals with the rights conferred by a Certificate of Insurance, or more accurately the rights that are not conferred.

Insurance Policy Interpretation And Lawyers

March 18, 2012 | Mark S. Humphreys

Residents of Weatherford, Mineral Wells, Springtown, Aledo, Azle, Hudson Oaks, Willow Park, Millsap, Cool, Brock, and other places in Parker County need to know about this case regarding auto policies.

This case is an “Official Order” of the Commissioner of Insurance of the State of Texas. The style of the case is Texas Department of Insurance vs. Old American Mutual Fire Insurance Company. This opinion was issued on January 3, 2012.

The Texas Department of Insurance (TDI) alleged that Old American engaged in unfair claim settlement practices or unfair and deceptive acts when it rescinded private passenger automobile policies after third parties had been injured. TDI sought restitution for third parties and a monetary penalty for each of the 450 policies that Old American rescinded. Old American asserted that the misrepresentations included failing to list all members of a household who would be driving the insured vehicle and procuring insurance on a vehicle the applicant did not own or use.

Homeowners Insurance Cancellation In Texas

March 17, 2012 | Mark S. Humphreys

Customers in Weatherford, Mineral Wells, Aledo, Springtown, Hudson Oaks, Willow Park, Azle, Millsap, Brock, and other places in Parker County do not have the concerns many customers are facing along the Gulf Coast of Texas when it comes to homeowners insurance policies. Along the Gulf Coast of Texas, State Farm is refusing to renew homeowners coverage with many customers.

The Houston Chronicle ran a story of February 15, 2012, discussing this issue. The title of the story is, “11,000 State Farm Customers Left High and Dry.” The author of the story is Dan Wallach.

Here is what the story tells us:

Mortgage Insurance

March 15, 2012 | Mark S. Humphreys

Most people in Grand Prairie, Arlington, Mansfield, Fort Worth, Dallas, and other places in Dallas County or Tarrant County would have little to no idea how mortgage insurance works or what effect it has. Here is an article that ran at latimes.com on February 15, 2012.

The title of the article is, “Citi Admits Mortgage Fraud In $158-Million Settlement. The authors of the article are Nathaniel Popper and Scott Reckard.

The article tells us that Citigroup, Inc. is paying $158 million to settle accusations that it took advantage of a federal mortgage insurance program.

Insurance Companies Suing Their Lawyers

March 13, 2012 | Mark S. Humphreys

People in Grand Prairie, Arlington, Fort Worth and Weatherford, might find this interesting. An article published by Bloomberg BNA, was published on February 15, 2012, that discussed stories of insurance carriers suing their lawyers.

The article, by Joan Rogers, appears to be from ABA/BNA Lawyers’ Manual on Professional Conduct.

The article tells us that on January 31, a Mississippi Court of Appeals decided to take a second look at a case where the issue was whether an excess insurance carrier has a direct cause of action for malpractice against the law firm the primary insurance carrier retained to defend the insured. Now re-read the previous sentence … the issue is whether an excess insurance carrier has a direct cause of action for malpractice against the law firm the primary insurance carrier retained to defend the insured.

Exclusions In Homeowners Insurance Policies

March 11, 2012 | Mark S. Humphreys

Someone in Grand Prairie, Fort Worth, Arlington, Dallas, Mansfield, Cedar Hill, Duncanville, De Soto, Irving, or anywhere else in the Dallas / Fort Worth area would have a hard time understanding how to interpret “exclusions” in an insurance policy. It can be difficult even for an experienced Insurance Law Attorney.

Here is a case where an exclusion was at issue.

The style of the case is, Farmers Insurance Exchange v. Neal. This is a 2003, opinion issued by the Texarkana Court of Appeals. Here are some of the facts.

Under Insured Motorist Coverage And Recovery

March 10, 2012 | Mark S. Humphreys

Most people in Weatherford, Mineral Wells, Aledo, Azle, Willow Park, Hudson Oaks, Brock, Millsap, Cool, Springtown, or anywhere else in Parker County would not have a very good idea how under insured motorist (UIM) works. Here is a case that may shed some light on how some aspects of how this coverage works.

The style of the case is, Brainard v. Trinity Universal Insurance Company. This is a Texas Supreme Court opinion that was issued in 2006.

The facts: