Dallas Fort Worth Insurance Lawyer Blog

Deceptive Trade Practices Act Violation / Funeral Home

August 24, 2010 | Mark S. Humphreys

Everybody in Mansfield, Arlington, Grand Prairie, Dallas, Fort Worth, Coppell, De Soto, Burleson, Granbury, Aledo, and other towns in Texas will suffer the loss of a loved one. In fact it will probably happen many times. Have you ever wondered about the quality of services offered by the funeral home at this time of loss?

The Houston Chronicle recently ran a story about the services of a funeral home that were not acceptable. The article ran on August 9, 2010, and was authored by Allan Turner. The title of the article is, “Funeral Home Faces Suit Over State of Corpse.”

Allan Turner writes that a Richmond man is sueing a Pasadena funeral home claiming he suffered nausea, nightmares, emotional breakdowns, severe pain and suffering and emotional trauma, grief and sorrow after his son’s body arrived for burial in his native Uganda in a state of advanced decomposition.

Insurance Policy Interpretation Case

August 22, 2010 | Mark S. Humphreys

What does the policy mean? A good question for anybody in Mansfield, Arlington, Dallas, Fort Worth, Grand Prairie, Grapevine, Colleyville, and other cities in Texas.

The answer is hard. The short and quick answer is: Consult with an experienced Insurance Law Attorney. The longer answer is: It depends. Each case and each policy and each set of facts is different and have to be looked at in light of all together.

The United States Court of Appeals for the Fifth Circuit, recently was called on to interpret an insurance policy and to determine whether or not the facts of a claim implicated coverage in the policy at issue. The opinion in the case was issued on July 16, 2010. The style of the case is, Standard Waste Systems Ltd. v. Mid-Continent Casualty Co., Mid-Contitent Insurance Co., Oklahoma Surety Co. The justices were, Dennis, Owen, and Southwick.

Loss Of Use / Rental

August 21, 2010 | Mark S. Humphreys

If you live in Grand Prairie, Arlington, Mansfield, Dallas, Fort Worth, Burleson, Southlake, Hurst, Euless, Bedford, Lake Worth, or anywhere else in Texas, you might wonder what happens if your car is involved in a wreck and it is the other person who is at fault, then the other person’s insurance refuses to fix the car. What happens?

That is kind of what happened in the 1997 case, Cirilo Mondragon v. Morris Austin. This case was decided by the Austin, Court of Appeals.

To begin with, this case is not that uncommon. When something like this happens, it would be prudent to seek the advice of an experienced Insurance Law Attorney.

Deceptive Trade Practices / Loss Of Use

August 19, 2010 | Mark S. Humphreys

Someone in Aledo, Azle, Haslet, Saginaw, Cedar Hill, Grand Prairie, Arlington, Dallas, Fort Worth, Hurst, Bedford, or anywhere else in Texas might ask: What happens when I lose the use of my car because of the actions of another person?

This usually happens in a car wreck situation but also happens in situations where engine repairs are not properly completed. Other insurance situations might be when a car is lost or destroyed due to fire, flood, or theft, and the owner is trying to get their own insurance company to take care of the matter.

As it relates to the Texas Deceptive Trade Practices Act (DTPA) the issue of compensation for “loss of use” came up in a case decided in 1984. The style of the case is “Yolanda Luna v. North Star Dodge Sales, Inc. and was decided by the Texas Supreme Court.

Homeowners And Flood Claims

August 18, 2010 | Mark S. Humphreys

Homeowners in Grand Prairie, Arlington, Dallas, Fort Worth, Burleson, Coppell, De Soto, North Richland Hills, Keller, Colleyville, and other North Texas cities don’t spend a lot of time worrying about floods, with maybe a few exceptions. However, residents along the Texas Gulf Coast have to think about it all the time. But North Texas residents need to appreciate that the floods along the Gulf Coast also effect them in an indirect way.

An article recently published in the Houston Chronicle brings this issue to light. The article was published on August 9, 2010, and was authored by Spencer Gaffney, who works out of the Washington Bureau. The article’s title is “Insurance From Floods Underwater.”

The article tells us that between 1977 and 1995, the National Flood Insurance Program paid out $806,851 for repeated storm damage to a suburban Houston home that was valued at $114,489. Guess what? The math does not add up.

Insurance Policy – Crime Protection

August 17, 2010 | Mark S. Humphreys

Businesses in Hurst, Euless, Bedford, De Soto, Grand Prairie, Arlington, Fort Worth, Dallas, Mansfield, Southlake, Grapevine, or any other city in Texas have various kinds of insurance policies to protect their bussiness. One of those kinds of insurance is called Crime Protection Policies. Here is a recent case dealing with this type of insurance coverage.

The case is, Great American Insurance Company v. AFS/IBEX Financial Services, Inc. The opinion in this case was issued on July 22, 2010, and authored by Circuit Judge Carl E. Stewart. This is from the United States Court of Appeals for the Fifth Circuit.

In this case, Great American Insurance Company (GAIC) issued crime protection policies to AFS/IBEX Financial Services, Inc. (AFS). After suffering a loss caused by the forgery of certain checks, AFS submitted a claim to GAIC. GAIC denied coverage and filed this lawsuit asking the court to affirm their decision.

Insurance Policy Language

August 15, 2010 | Mark S. Humphreys

People everywhere, including Dallas, Fort Worth, Grand Prairie, Arlington, Mansfield, Irving, Burleson, Granbury, Lake Worth, or anywhere else in Texas, have dreams of someday having their own business. When that happens they will find themselves having to purchase commercial insurance policies to protect themselves and their business from accidents and mistakes that are simply going to happen at one time or another.

The United States Court of Appeals for the Fifth Circuit decided a case on July 9, 2010, that involved a small business person and their commercial insurance policies. The style of the case is, Employers Mutual Casualty Company; Emcasco Insurance Company v. Juan Miguel Bonilla, et al. This case is an insurance coverage dispute and though there are other issues in the case, the primary issue was the meaning or definition of the word “use” within the insurance policy.

Here are some background facts: Bonilla leased a truck from Jolly Chef Express, Inc. On a daily basis he hired a driver and cook for each of his trucks. At the end of each day the driver and cook would return to their parking place to clean the truck and prepare for the next day’s route.

Life Insurance Denial

August 12, 2010 | Mark S. Humphreys

A terrible thing for someone in Arlington, Grand Prairie, Grapevine, Mansfield, Dallas, Fort Worth, Bedford, Euless, or anywhere else in the metroplex is having a loved one die. Then, when the claim for life insurance benefits is made, the live insurance company denies the claim for benefits.

This happens on a daily basis across the country. The New York Daily News recently published an article about this happening to a Long Island family. The Daily News staff writer is, John Marzulli. The title of the article is, “Lawsuit seeks to prevent Jeffrey Locker’s family from collecting life insurance after bizarre death.”

The article tells us that the family of a Long Island motivational speaker who police say set up his own murder should not collect $4 million in life insurance because he lied about his income. That is the defense in a federal lawsuit filed by the family.

Policy Interpretation In Texas

August 11, 2010 | Mark S. Humphreys

No matter where you live, Weatherford, Aledo, Azle, Lake Worth, Mineral Wells, De Soto, Arlington, Grand Prairie, Dallas, Fort Worth, Mesquite, Garland, or anywhere else in Texas, the insurance companies are always looking for ways to deny a claim.

The Texas Supreme Court, in 2004, decided a case where the insurance company denied a claim for Personal Injury Protection (PIP) benefits under a policy. The style of the case is, Texas Farm Bureau Mutual Insurance Company v. Jeff A. Sturrock. Justice O’Neil delivered the opinion of the Court.

In this case, an insured, Sturrock, was injured when his foot became entangled with his truck’s raised door facing while he was exiting the vehicle. The issue here is whether or not his injury resulted from a “motor vehicle accident” for purposes of PIP coverage under his automobile policy with Texas Farm Bureau Mutual Insurance Company (Farm Bureau). The Court held that a “motor vehicle accident” occurs when (1) one or more vehicles are involved with another vehicle, an object, or a person, (2) the vehicle is being used, including exit and entry, as a motor vehicle, and (3) a casual connection exists between the vehicle’s use and the injury producing event.

Insurance Coverage – How Do You Interpret It?

August 10, 2010 | Mark S. Humphreys

I live in Dallas, or Fort Worth, Arlington, Grand Prairie, Flower Mound, Mansfield, Justin, De Soto, Duncanville, Azle, or anywhere else in Texas – How do I know how to interpret my insurance policy? Here is a bunch of answers. Consult with an experienced Insurance Law Attorney. Ask you insurance agent. Attend an insurance seminar. Go to law school. Ask your next door neighbor or your boss at work.

The above may seem rediculous but sometimes the answer is hard to get even when asking the professionals. Here is my suggestion. Talk to the lawyer.

Legal conclusions are sometimes easy to reach but too often they are not so easy. Here is a case that argued over what the work “you” means in the policy.