Dallas Fort Worth Insurance Lawyer Blog

Insurance And Car Ownership

July 12, 2011 | Mark S. Humphreys

Car owners from Grand Prairie, Saginaw, Colleyville, Keller, Grapevine, Haslet, Boyd, Rhome, Hurst, Euless, Bedford, and other areas in the Dallas – Fort Worth metroplex would be interested in this case.

The style of the case is, Hector Valdez v. Colonial County Mutual Insurance Company. The opinion was issued in 1999, by the Texas Court of Appeals in Austin. It is an appeal from a summary judgment ruling in favor of Colonial. Here is some background.

On November 9, 1994, Valdez purchased insurance on his 1992 Plymouth Acclaim. Shortly after Christmas of that same year, Valdez sold and transferred the title of the vehicle to his adult son, Rene. Rene, with cosigner Liliana De La Garza, obtained new financing for the vehicle from Mercantile Bank. On December 29, 1994, Valdez notified Colonial about the new lien holder. Valdez did not report the change in title to Colonial, but Colonial’s Change in Policy Request form did not request such information.

Insurance And Domestic Employees

July 10, 2011 | Mark S. Humphreys

Employers in Grand Prairie, Weatherford, Arlington, Fort Worth, Dallas, Mansfield, Irving, Garland Mesquite, Richardson, and other places across Texas will have insurance coverage on their vehicles, equipment, and employees. At some point there is likely to be times where there is a dispute about the coverage the insurance provides. Here is a case to think about when the term “domestic employee” is used in the policy of insurance that the company has purchased.

The case is styled, Paul Robertson v. Home State County Mutual Insurance Company. The opinion was issued by the Texas Court of Appeals for the Second District in Fort Worth. Here is some background information.

Paul Robertson had obtained a judgment against his employer, Ray Redi-Mix, Inc., for damages for personal injuries that he sustained while on the job. Home State County Mutual Insurance Company (Home State) was an insurer of Redi-Mix. Home State denied coverage under several exclusions contained in the policy of insurance. Home State obtained a summary judgment based on these exclusions.

Disability Claim Denied

July 9, 2011 | Mark S. Humphreys

Workers in Grand Prairie, Fort Worth, Arlington, Irving, Dallas, Mansfield, Cedar Hill, Duncanville, Mesquite, Garland, and other places in the metroplex area would have an interest in the following case.

This a United States Court of Appeals for the Fifth Circuit case styled, Habiba Ewing v. Metropolitan Life Insurance Company. The opinion was issued on June 7, 2011, after an appeal from the district court. The appeals court confirmed the finding in favor of Metropolitan.

Here is some information:

Insurance – Car Theft

July 7, 2011 | Mark S. Humphreys

Here is one that would be interesting to people in Weatherford, Mineral Wells, Aledo, Azle, Millsap, Brock, Cool, Peaster, Hudson Oaks, Willow Park, Springtown, and other places in Parker and Palo Pinto counties. It involves events after a car theft.

The style of this case is, Jose Manuel Campa Gonzalez v National Insurance Crime Bureau; Progressive Casualty Insurance Co. The opinion was issued on June 7, 2011, by the United States Court of Appeals for the Fifth Circuit. Here is some background on the case.

Gonzalez was arrested and incarcerated for eleven days in Mexico for hawking a car that the Mexican authorities erroneously believed was stolen. Gonzalez later sued National Insurance Crime Bureau (NICB) and Progressive claiming they were legally liable for the actions of the Mexican police. While Gonzalez’s arrest and imprisonment were traumatic and, on hindsight, unnecessary, the court nevertheless agreed with the district court ruling, that it was no fault of NICB or Progressive.

Co-operating With Insurance Company

July 5, 2011 | Mark S. Humphreys

Here is one for people in Grand Prairie, Arlington, Irving, Mansfield, Fort Worth, Dallas, Mesquite, Garland, Richardson, Farmers Branch, and other places in Texas to think about.

What if you get sued but do not tell your insurance company but the person who sued you does tell the insurance company, does the insurance company have to defend you in the lawsuit?

In 2008, the Texas Supreme Court in the case styled, National Union Fire Insurance Company of Pittsburg, PA. v. Beatrice Crocker, issued an opinion dealing with this issue. Here is some background and a discussion.

Personal Injury Protection

July 3, 2011 | Mark S. Humphreys

Grand Prairie residents and residents of Arlington, Mansfield, Burleson, Crowley, Benbrook, Fort Worth, Lake Worth, Hulen, and other areas of Tarrant County who have automobile insurance coverage are always given the opportunity to purchase, with their automobile insurance, Personal Injury Protection, otherwise know as PIP.

PIP coverage is required to be offered along with automobile insurance coverage pursuant to the Texas Insurance Code, Section 1952.152. Here is a case dealing with that coverage.

The style of the case is, Texas Farmers Insurance Company v. Carabell Fruge. This is a case decided by the Texas Court of Appeals, Beaumont, in 2000. Here is some background information.

Car Wreck And Drivers License

July 2, 2011 | Mark S. Humphreys

Residents of Weatherford, Aledo, Azle, Hudson Oaks, Millsap, Brock, Willow Park, Mineral Wells, Springtown, Cool, Peaster, Poolville, and other places in Parker County would be surprised by the fact that driving without a drivers license and being involved in a wreck does not mean the unlicensed driver is at fault.

The Texas Supreme Court issued an opinion in a case in 1959, that is still good law today and is interesting reading. The style of the case is, James Eugene Flanigan et al v. Jack Carswell et al. The issues and the facts in the case are kinda complicated and confusing but we will focus on the part dealing with a drivers license.

Carswell was the owner and operator of an ambulance which had been issued a permit as an emergency ambulance by the Texas State Board of Health. At trial, a jury found that at the time of the collision Carswell was on an authorized run, and that the ambulance was traveling at a rate of speed in excess of 30 MPH, but less than 40MPH. It was undisputed that Carswell had only an ordinary Texas operator’s license while driving the ambulance. Flanagan and the other plaintiffs argued that because Carswell was operating the vehicle with only an ordinary license rather than a chauffeur’s license when he was exceeding the 30 MPH speed limit, that his actions were negligence per se. So the jury had no choice but to find as a matter of law that Carswell’s action in exceeding the 30 MPH limit was negligence. Understand the argument by Flanigan was that as an ambulance driver Carswell could have been operating legally up to 40 MPH. But because he did not have the chauffeurs license, he was breaking the law and negligent per se.

Homeowners Insurance And Medical Payments Coverage

June 30, 2011 | Mark S. Humphreys

Most homeowners in Grand Prairie, Arlington, Irving, Fort Worth, Dallas, Duncanville, De Soto, Cedar Hill, Mansfield, and other Dallas County and Tarrant County cites will have a policy of insurance on their home. Most of the time that homeowners policy is going to have a medical payments coverage in the policy.

Medical payments coverage will usually provide payments for “reasonable and necessary” medical expenses up to the limits of the coverage which is usually $1,000 to $5,000. It is coverage that should pay medical bills without regards to who is at fault for the injuries sustained.

Here is a case dealing with the coverage. The case is styled, Cynthia Farris, as next friend of Vidal de Jesus Farias, a minor v. Allstate Insurance Company and Allstate Property and Casualty Insurance Company. This opinion was issued by the Corpus Christi Court of Appeals on June 2, 2011.

The Wrong Way To Sue An Insurance Company

June 28, 2011 | Mark S. Humphreys

Persons living in Fort Worth, Dallas, Grand Prairie, Arlington, Irving, Mesquite, Garland, Richardson, Carrollton, Farmers Branch, and other places in Texas might enjoy this case. It tells us how someone who does not consult with an experienced Insurance Law Attorney is just wasting their time doing a lawsuit by themselves.

The opinion in this case was issued on June 2, 2011, by the Austin Court of Appeals. The style of the case is, Cynthia Ulett Lynch v. State Farm Mutual Automobile Insurance Company. Lynch was appealing from a summary judgment against her based on res judicata.

Here is some background.

Accused Of Arson

June 26, 2011 | Mark S. Humphreys

Homeowners in Grand Prairie, Arlington, Irving, Duncanville, De Soto, Cedar Hill, Dalworthington Gardens, Fort Worth, Dallas, and other places in Texas might be interested in this story. It has to do with insurance and arson.

The story is from knoxnews.com and was written by Jamie Satterfield. The article was published on May 27, 2011, and is titled “Vonore couple accused of arson: Insurance firm sues, claiming pair blamed neighbor as cover-up.”

The article tell us that the insurance company, American National Property and Casualty Company, a Missouri based insurance company, is accusing a lesbian couple of being arsonists who burned down their own home to receive the insurance proceeds. The couple say they are victims of hate crime.