Dallas Fort Worth Insurance Lawyer Blog

When Are Claims Suppose To Be Paid?

November 29, 2011 | Mark S. Humphreys

Anyone in Grand Prairie, Arlington, Mansfield, Cedar Hill, Duncanville, De Soto, Irving, Fort Worth, or anywhere else in Texas would naturally wonder when a claim they submit is suppose to be paid. The lawyerly answer is: It depends. One answer in one situation is shown here.

In 2002, the San Antonio Court of Appeals issued an opinion in a case that dealt with when a claim for underinsured motorist (UIM) benefits should be paid. The style of the case is Lawrence F. Wellisch, III and Maria L Wellisch v. United Services Automobile Association. The case came to the appeals court on an appeal on a motion for summary judgement in favor of United Services Automobile Association (USAA).

Here is some background.

Delay In Paying Claim

November 27, 2011 | Mark S. Humphreys

Someone in Grand Prairie, Arlington, Fort Worth, Dalworthington Gardens, Mansfield, Crowley, Rendon, or anywhere else in Tarrant County or Texas may wonder how long an insurance company has to pay a claim. The answer is, it depends.

In 2001, the Texas Supreme Court issued an opinion in the case, Allstate Insurance Company v. Rhonda Bonner. This case dealt with the time frame in which an insurance company must respond to a claim benefit request and the punishment for the insurance company when the time frame is violated.

The Texas Insurance Code has a chapter that deals with the payment of claims and is known as the “Prompt Payment of Claims” statutes. They are sections 542.051 thru 542.061.

Delay In Payment Of Claim

November 26, 2011 | Mark S. Humphreys

People in Weatherford, Mineral Wells, Aledo, Azle, Springtown, Willow Park, Brock, Hudson Oaks, Millsap, Cool, Peaster, Palo Pinto, and other places in Parker and Palo Pinto Counties may wonder: How long does the insurance company have to pay the claim?

The “Prompt Payment of Claims statute” is found in the Texas Insurance Code, Sections 542.051 thru 542.061.

The “Prompt Payment of Claims statute” imposes certain deadlines for an insurance company to acknowledge, investigate, and accept or reject a claim. An insurance company that violates the statute is liable for attorney’s fees and an additional 18% per annum in addition to the amount of the claim.

Attorney Wins On Insurance Misrepresentation Case

November 24, 2011 | Mark S. Humphreys

Insured people in Grand Prairie, Fort Worth, Dallas, Lake Worth, Benbrook, Saginaw, Crowley, Mansfield, and other places in Tarrant County and Texas need to be cautious when dealing with their insurance company agent.

A case from the Austin Court of Appeals decided in 2000, is a good example of the above. The style of the case is, “Stan Stumph, d/b/a Concrete Concepts/Dallas Fire Insurance Company v. Dallas Fire Insurance Company/Stan Stumph, d/b/a Concrete Concepts.”

Here is some background.

Attorneys Holding Insurance Company Liable For Unfair Business Practices

November 22, 2011 | Mark S. Humphreys

Misrepresentations to people in Grand Prairie, Fort Worth, Dallas, Duncanville, De Soto, Lancaster, Cedar Hill, and other places in Texas can be a reason to sue an insurance company when the misrepresentation causes harm.

This issue is discussed in a 1987, Texas Supreme Court case styled, The Aetna Casualty and Surety Company v. Robert W. Marshall.

In this case the court upheld a verdict wherein The Aetna Casualty and Surety Company, (Aetna) was found to be guilty of making a misrepresentation by contractually promising benefits and then refusing to pay them.

Insurance Complaints

November 20, 2011 | Mark S. Humphreys

People in Grand Prairie, Arlington, Saginaw, Bedford, Hurst, Euless, Grapevine, Colleyville, Grapevine, Keller, Boyd, Newark, or anywhere else in and around Tarrant County should know a little bit about the insurance company they are buying their insurance from.

The Texas Department of Insurance is a good resource to use to learn about almost all insurance companies doing business in the State of Texas. Their web-site is easy to navigate and contains lots of useful information on insurance companies and insurance agents and insurance adjustors. It has information related to licensing and information related to complaints filed. There is also a lot of information about the financial viability of the companies.

The site has lots of general information. Surfing their web-site will usually result in finding out information you did not know and are glad you discovered.

Insurance Agents And Releases Against Insurance Companies

November 19, 2011 | Mark S. Humphreys

People in Weatherford, Aledo, Azle, Hudson Oaks, Willow Park, Mineral Wells, Millsap, Brock, Cool, Springtown, Peaster, Poolville, Whitt, and other places in Parker County need to make sure they know what they are doing when they sign a release for a claim they have against an insurance company.

The Texas Court of Appeals, Amarillo, issued an opinion on October 25, 2011. The style of the case is Trisha Braziel, Spencer Braziel and Kathy Wright v. Becton Insurance Agency, Inc.

This case was an appeal from a Motion For Summary Judgement which was granted against the Braziels and Wright.

Lawyers And Home Owners Claims

November 17, 2011 | Mark S. Humphreys

Home owners in Grand Prairie, Arlington, Grapevine, Colleyville, Irving, Crowley, De Soto, Dallas, Fort Worth, Mesquite, Lake Worth, and other places in the DFW metropolitan area do not have some of the fears and concerns that home owners along the Gulf Coast have. But there are always concerns about claims denials resulting in a homeowner taking a loss. So, being aware of other ways of recovering losses is important.

The Miami Herald ran a story on October 26, 2001, titled Homeowners File Lawsuit Against Chinese Drywall Manufacturer, Distributor.

The history of these Chinese drywall claims is pretty easy to follow. After storms hit the Gulf Coast area in the early part of this decade, a lot of the damaged homes were repaired using Chinese drywall. This drywall was defective causing problems with home owners and devaluing effected homes.

Insurance Lawyer Needed

November 15, 2011 | Mark S. Humphreys

People needing an attorney in Grand Prairie, Arlington, Mansfield, Irving, Fort Worth, Dallas, and other places in Texas will probably get confused on this case and realize the necessity of hiring an experienced Insurance Law Attorney.

The Amarillo, Court of Appeals, issued an opinion on October 17, 2011, styled, In Re Farmers Texas County Mutual Insurance Company. This is a case where Farmers was seeking the issuance of a writ of mandamus from this appeals court. Farmers was asking this court to issue an order to Judge Carter Schildknecht of the 106th Judicial District Court of Garza County, Texas, to abate trial on extra-contractual claims asserted by real-party-in-interest, Terry Henrie. This court denied Farmers request.

Here is some background.

Homeowners Insurance Claims

November 13, 2011 | Mark S. Humphreys

Anybody in Weatherford, Mineral Wells, Aledo, Azle, Hudson Parks, Willow Park, Brock, Millsap, Cool, Springtown, or anywhere else in Parker County, who owns a home, will find this interesting.

The Houston Chronicle published a story on October 13, 2011, titled, Home Insurance Rates Rise As Coverage Falls. The author is Purva Patel who has written several article on insurance in Texas.

The article tells us that the insurance companies in Texas are dropping or decreasing certain coverages to allow them to control costs and, in turn, keep a handle on the rates they charge. Consumer groups say its a reflection of lax oversight by the Texas Department of Insurance (TDI) and regulations coming out of Austin.