Dallas Fort Worth Insurance Lawyer Blog

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(TDI) alleged that Old American engaged in unfair claim settlement practices or unfair and deceptive acts when it rescinded private passenger automobile policies after third parties had been injured. TDI sought restitution for third parties and a monetary penalty for each of the 450 policies that Old American rescinded.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:

When Is A Passenger A User Of A Vehicle For Purposes Of Insurance Coverage?

March 8, 2012 | Mark S. Humphreys

Here’s one for people living in Weatherford, Mineral Wells, Aledo, Azle, Willow Park Brock, Hudson Oaks, Millsap, Springtown, and other places Texas. When will a passenger be consider a “user” of an automobile?

This is a Dallas Court of Appeals case that was decided in 1997. The style of the case is American Economy Insurance Company v. United Services Automobile Association. Here is some of the background information including the underlying case that this case resulted from.

In the underlying case, Scott Johnson (Driver) was driving a vehicle belonging to his father (Father). Three friends, including Benjamin Ellis, were passengers. The driver and the passengers were intoxicated. The vehicle collided with a second car and the Driver, Scott Johnson, was killed. The three passengers were injured.

What Is An Accident For Automobile Coverage?

March 6, 2012 | Mark S. Humphreys

People in Grand Prairie, Fort Worth, Mansfield, Grapevine, Hurst, Euless, Bedford, Arlington, Kennedale, and other places in the Dallas and Fort Worth areas may find themselves in a situation where their automobile insurance carrier is refusing coverage based on the circumstances of the claim. Here are two examples where the auto insurance company were successful in their claim denial.

The first case was decided in 2001, by the Fort Worth Court of Appeals. The style of the case is, Collier v. Allstate County Mutual Insurance Company. Here are some of the relevant facts.

Amy Cook was insured under an automobile insurance policy issued by Allstate. Her fiance’, Ryan Collier, was driving Cook’s automobile one day when following an automobile driven by Amy Jeanine Dunn. While stopped at a red light, Collier got out of the car and began screaming and hitting Dunn’s automobile. Cook and the other passengers in her automobile allegedly encouraged Collier’s rampage. Dunn attempted to escape by going forward into the intersection, where her automobile collided with a third automobile. Dunn brought suit against Collier and Cook for negligently causing fear and negligently operating their vehicle.

Late Notice Of Claim

March 4, 2012 | Mark S. Humphreys

If someone in Grand Prairie, Fort Worth, Arlington, Hurst, Euless, Bedford, Grapevine, Mansfield, or anywhere else in Texas is slow or really late in reporting a claim to their insurance company, can the insurance company get away with denying the claim based on the slow or late reporting?

The answer to the question is short: It depends!

So the follow up is: Depends on what?

Notice Of Claim To Insurance Company

March 3, 2012 | Mark S. Humphreys

Sometimes an insured in Weatherford, Aledo, Mineral Wells, Brock, Willow Park, Hudson Oaks, Springtown, Azle, or somewhere else in Parker County will have a claim they can make against their insurance company and not realize it. Well, what happens if they make that claim a long time after the loss occurs?

Here is a case that looked at that question. The style of the case is Prodigy Communications Corporation v. Agricultural Excess and Surplus Insurance Company. The case was decided in 2009, by the Texas Supreme Court.

Here are some of the facts in the case.