Dallas Fort Worth Insurance Lawyer Blog

Where Appraisal Does Not Apply

November 12, 2011 | Mark S. Humphreys

If someone in Grand Prairie, Arlington, Crowley, Mansfield, Benbrook, Burleson, Keene, or anywhere else the metroplex area reads their homeowners insurance policy, they will probably find an appraisal clause. This clause usually, is for the benefit of the insurance company. As a result, getting around that clause is a good thing.

The United States District Court for the Southern District of Texas, Houston Division, issued an opinion on October 13, 2011, that is insightful for understanding at least one way of beating the appraisal clause. The style of the case is, Sidney Sam, et al. v. National Lloyds Insurance Company.

Sam and others (Plaintiffs) were insured under a Standard Flood Insurance Policy (SFIP) issued by Lloyds pursuant to the National Flood Insurance Program (NFIP). Plaintiffs’ apartment building was damaged by flood waters following Hurricane Ike. Plaintiffs submitted their claim to Lloyds, which determined that the flood damage to the building and its contents would require repairs in the amount of $100,622.67. Plaintiffs submitted a request for supplemental payment in the total amount of $249,000, or an additional amount of $148,377.33 beyond the amount offered by Lloyds. The additional payment included $39,000 for the presence of a “Commercial Superintendent on the site for 3 months for commercial restoration.” On April 21, 2010, Plaintiffs demanded an appraisal. On May 3, 2010, Lloyds denied the request. Plaintiffs filed a Motion to Compel Appraisal on September 15, 2011.

Credit Scoring Insurance

November 10, 2011 | Mark S. Humphreys

Few people in Grand Prairie, Arlington, Mansfield, Fort Worth, Hurst, Euless, Bedford, or other places across Tarrant County like the use of credit scoring to get insurance. It is allowed in Texas.

The Insurance Journal ran a story on October 6, 2011, titled “Mass. Agents Gathering Signatures for Insurance Credit Score Ban.”

The article tells us that a Massachusetts independent agents group is confident that banning auto insurers’ use of credit scores and other socioeconomic factors will become law in coming months.

Claims Handling Process / Getting Paid On A Homeowners Policy Claim

November 8, 2011 | Mark S. Humphreys

Everyone in Grand Prairie, Arlington, Fort Worth, Dallas, Irving, Mesquite, Garland, Carrollton, Duncanville, De Soto, and other places through out Texas need to know how to make sure they get paid properly and fully when making a homeowners claim.

One way is to see an experienced Insurance Law Attorney early in the claim. Another way is to make sure you have good records of your possessions.

The Wall Street Journal published an article on October 13, 2011, authored by Lori Bennett. The title is “Accounting for Disaster: Itemizing Your Home.”

Crop Insurance

November 6, 2011 | Mark S. Humphreys

Farmers and ranchers in Weatherford, Mineral Wells, Aledo, Springtown, and other places in Parker or Palo Pinto counties may have to deal with crop insurance issues on occasions. Here is a legal case that deals with crop insurance.

The case was decided by the United States District Court, Eastern District of Texas, Paris Division, in 1997. The style of the case is John Earl Bullard v. Southwest Crop Insurance Agency, Inc., Blakely Crop Hail, Inc., Farmers Alliance Mutual Insurance, Co.

There is a federal law called the Federal Crop Insurance Act. Due to the inherent risks of insuring crops, insurance companies in the early 1900’s refused to write multi-peril crop insurance policies. In an effort to remedy the problem, Congress passed the Federal Crop Insurance Act (FCIA) in 1938. Is purpose was to “promote the national welfare by improving the economic stability of agriculture through a sound system of crop insurance ….” To carry out this purpose, Congress created an agency within the Department of Agriculture known as the Federal Crop Insurance Corporation (FCIC). The FCIC assists in carrying out the goals of the FCIA by providing crop insurance to farmers in the following ways: (1) selling insurance through private insurance agents, (2) reinsuring private insurance companies that provide crop insurance, and (3) providing crop insurance directly to the farmer.

Proof Of No Insurance

November 5, 2011 | Mark S. Humphreys

Someone in Weatherford, Mineral Wells, Aledo, Azle, Hudson Oaks, Willow Park, Millsap, Brock, Cool, Peaster, or anywhere else in Parker County may wonder how to make a claim for uninsured motorist benefits. READ ALL THE WAY TO THE END TO GET THE ANSWER.

The Texas Supreme Court issued an opinion in 1970, in the case styled, State Farm Mutual Automobile Insurance Company v. William A. Matlock et ux. In this case the court reversed its earlier opinion and the ruling of the trial court and the court of appeals. This reversal resulted in William Matlock and his wife taking nothing in their lawsuit against State Farm.

The Matlocks suffered injuries in an accident with a car driven by a man identified in the court record only as a man with one leg. They knew the name of this man, but did not testify about his name. Upon the theory that he was an uninsured motorist and without joining him as a defendant, the Matlocks filed a lawsuit against their own insurer, State Farm, and asserted its liability under its policy terms to cover the Matlocks for damages for bodily injury caused by an uninsured motorist.

Loss Of Consortium Claim And Auto Policy

November 3, 2011 | Mark S. Humphreys

Most people in Grand Prairie, Arlington, Irving, Fort Worth, Colleyville, Dallas, Mesquite, Garland, and other places in the Dallas/Fort Worth metroplex do not really understand what a “loss of consortium” claim is.

A 1981, Texas Supreme Court case described a loss of consortium claim as “companionship, emotional support, love, felicity, and sexual relations,” and recognized that loss of consortium involves harm to “the intangible and sentimental elements” of a marriage.

How a loss of consortium claim works as it relates to an insurance policy claim was discussed in a 1987, Texas Supreme Court case styled, Ella Jo McGovern v. Linda Kay Williams et al. This case concerned the liability of an insurance company under an auto liability policy. Here is some background.

Temporary Substitute In Insurance Policy

November 1, 2011 | Mark S. Humphreys

If someone in Grand Prairie, Fort Worth, Saginaw, Roanoke, North Richland Hills, Lake Worth, Colleyville, or anywhere else in Tarrant County uses someone else’s car when their own car is unavailable, does the insurance on that other car protect them?

This issue was discussed in a 2003, Texas Supreme Court case styled, Progressive County Mutual Insurance Company v. Paul Sink. The case concerned coverage for a “temporary substitute” vehicle under the standard Texas Personal Auto Policy.

The issue was whether the policy provided liability coverage when the insured, whose own vehicle was disabled, takes and drives an automobile owned by someone who is not a family member without permission or the reasonable belief that he has permission and is involved in an auto accident with a third party. The trial court ruled as a matter of law that there was no coverage. The appeals court reversed the trial court. This Supreme Court reversed the appeals courts. Here is some background.

Insurance And Which Car Is Insured?

October 30, 2011 | Mark S. Humphreys

Here is a situation for someone in Grand Prairie, Arlington, Fort Worth, Dallas, Irving, or anywhere else in the DFW area to think about. If a car has insurance and it gets sold, is the insurance on the car still valid?

This case was decided by the Houston Court of Appeals, First District, in 1986. The style of the case is Douglas W. Black v. BLC Insurance Company.

Black was appealing from a summary judgment that BLC had no duty to defend against his claim because BLC had no liability to him under its insurance policy.

Insurance Claim Denial

October 29, 2011 | Mark S. Humphreys

Insureds in Weatherford, Mineral Wells, Aledo, Azle, Hudson Oaks, Willow Park, Brock, Millsap, Cool, Springtown, and other places in Parker County and Texas do not always understand what is covered by their policy and what is not. Here is a case that helps understand a little bit about coverage as it relates to auto policies.

In 2003, the Houston Court of Appeals, 14th Dist. issued an opinion in the case, Alejandro Armendariz and Alma Armendairz v. Progressive County Mutual Insurance Company. This case is an appeal from a Declaratory Judgment lawsuit where in Progressive won after filing a motion for Summary Judgment. Here is some background.

The Progressive automobile insurance policy in the case covered two cars, one owed by Alejandro and the other owned by his sister, Alma. Alejandro was the named insured on the policy. Additionally, Alejandro’s parents, who lived with him, and Alma were named as “listed drivers” on the policy. When Alejandro first purchased insurance from Progressive, the policy covered his parents’ van. However, Alejandro deleted the van from the policy because his parents wanted to sell it. Four months later, while driving her parents’ then uninsured van, Alma, by accident, backed over and killed her father. Alma’s mother then sued Alma for the father’s wrongful death.

Who Is Insured Under The Policy

October 27, 2011 | Mark S. Humphreys

Policy purchasers in Grand Prairie, Arlington, Irving, Fort Worth, Crowley, Hurst, Euless, Bedford, Mansfield, Dallas, and other places in Texas would like to think they know who is covered under a policy they purchase. What is surprising is the difference between what the policy purchaser thinks and what the insurance company thinks.

A 1972, Texas Supreme Court case styled, Robert Snyder, et al. v. Allstate Insurance Company, is an interesting case. Here is a little bit about it.

The controversy is between Allstate, which issued an auto policy to J.B. Rhodes about whether or not they should pay damages arising out of a claim in the possession of and used by Darla Rhodes (minor daughter of J.B.) while being driven by Robert Snyder with Darla Rhodes as a passenger.