Dallas Fort Worth Insurance Lawyer Blog

Duty To Cooperate

March 29, 2012 | Mark S. Humphreys

Lots of people in Weatherford, Mineral Wells, Aledo, Azle, Willow Park, Hudson Oaks, Springtown, Millsap, Brock, and other places in the Parker County area and for that matter, other places in Texas may not realize that they have responsibility under their insurance policies to cooperate with their insurance company with any claim that is being made against the insurance policy.

This “duty to cooperate” can be confusing at times. There can sometimes be a fine line between what the insurance company has a responsibility for investigating and what the insured must do to help in that investigation.

The Texas Insurance Code, Section 541.060 provides a guideline for some of the things that can be done or asked for by an insurance company in its investigation. Section 541.060(a)(9), is one place where limits are placed on that investigation.

Insurance Lawyers Arguing The Case

March 27, 2012 | Mark S. Humphreys

Attorneys in Grand Prairie, Arlington, Fort Worth, and other places in the Dallas – Fort Worth area are paid to argue cases. Here is a case where the reasoning sounds pretty good.

The style of the case is Raymundo Salcedo v. Evanston Insurance Company. The opinion was issued on February 22, 2012, by the United States Court of Appeals, 5th Circuit. The appeal arises from the district court’s grant of summary judgment in favor of Evanston upon a conclusion that Evanston owed no coverage under its commercial general liability (CGL) insurance policy issued to Villegas & Sons, Incorporated (Villegas). Salcedo, the injured claimant, argued on appeal that the district court errred by construing the “auto” exclusion to preclude coverage for the judgment he obtained in state court against Villegas. Here are the facts.

Salcedo is a judgment creditor of Villegas pursuant to a final judgment entered by the 448th District Court of El Paso, Texas, for $1.1 million plus interest. Evanston denied coverage in the state court proceeding based on the “auto” exclusion in its CGL policy.

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.