Dallas Fort Worth Insurance Lawyer Blog

Insurance Companies Taking Advantage Of People

July 8, 2010 | Mark S. Humphreys

No matter where you live, Grand Prairie, Arlington, Mansfield, Weatherford, Haslet, Keller, North Richland Hills, Newark, Fort Worth, or any other place in Texas, you hate the thought that your insurance company may be taking advantage of you.

This blog is primarily devoted to claims denial issues and lawsuits that can be brought against insurance companies, agents, and adjusters. Sometimes the wrongs being committed against people by insurance companies are corrected by the Texas Department of Insurance. One example of this is in regulation of rates that the insurance companies are allowed to charge people.

The Austin American-Statesman recently ran an article on this issue. The title of the article is “Hartford agrees to insurance refunds, rate reduction.” This article was written by Tim Eaton on the American-Stateman staff. It was published on July 1, 2010.

Homeowners Claim Denial And Lawsuit In Texas

July 7, 2010 | Mark S. Humphreys

If someone in Hurst, Euless, Bedford, Fort Worth, Cedar Hill, Crowley, Burleson, Irving, Grand Prairie, Arlington, Mansfield, or anywhere else in Texas, has to file a lawsuit because their homeowners insurance company is denying their claim, one thing they want for sure is a successful outcome. The best outcome is usually going to occur in a State or County court, not in a Federal Court. As a result of this knowledge among insurance company attorneys, they will always try to get a case moved to Federal court if there is any way possible of doing so.

This was attempted in the case styled, James N. Wofford, et al v. Allstate Texas Lloyd’s and Randy Paul Johnson. The opinion in this case was signed on June 9, 2010, By Federal Judge, Kenneth M. Hoyt, a Judge in the United States District Court, S. D. Texas, Houston Division.

In this case, the homeowner, James Wofford, had a policy of insurance with Allstate Texas Lloyd’s. Wofford’s home was damaged by Hurricane Ike. Wofford filed a claim with Allstate and Allstate assigned adjuster Randy Paul Johnson, to handle the claim. Johnson was named as one of the defendants in the lawsuit. This case was filed in the 11th Judicial District Court of Harris County, Texas, and Allstate immediately filed papers to have the case removed to federal court.

Homeowners And Mold Claims In Texas

July 6, 2010 | Mark S. Humphreys

Most homeowners in Cedar Hill, Grand Prairie, Arlington, Mansfield, Benbrook, Burleson, Haslet, Saginaw, Fort Worth, or any other city in Texas is not going to have a mold problem with their home. But the ones who do will wonder: What now? Will my insurance cover the costs the mold problem is causing?

Unfortunately, there is no easy answer to these questions.

The quick answer is: It depends on what your homeowners insurance policy says.

Homeowners, Windstorms, & Insurance

July 5, 2010 | Mark S. Humphreys

Homeowners in Flower Mound, Haslet, Saginaw, Newark, Benbrook, Crowley, Cedar Hill, Hutchins, Grand Prairie, Arlington, Mansfield, Weatherford, or anywhere else in Texas will have insurance on their homes. Most, if not all are concerned about the cost of their insurance and the coverages provided by their policy if they suffer a loss.

Even though it is not often a problem for homeowners in the towns and cities listed above, homeowners along the gulf coast areas of Texas, will many times have problems getting coverage for wind damage to their homes. When they can get their standard insurance carrier such as State Farm, Allstate, Farmers, or one of the other standard companies to provide coverage, it is at an expensive cost. So what can they do to get coverage and get it at a cost they can afford?

The answer is to get coverage through the Texas Windstorm Insurance Association (TWIA). Homeowners along the gulf coast still have to pay premiums that exceed thousands of dollars for coverage through TWIA. In spite of these already expensive rates, the TWIA has asked the Insurance Commissioner, Mike Geeslin, to allow a rate increase of 5 percent starting next year.

Who Gets Personal Injury Protection (PIP) Monies?

July 3, 2010 | Mark S. Humphreys

An insurance policyholder in Southlake, Grapevine, Grand Prairie, Arlington, Fort Worth, Mansfield, Burleson, Crowley, or anywhere else in Texas may ask the same question; Who gets the personal injury protection (PIP) monies. It is estimated that only ten per cent of automobile policyholders purchase PIP benefits as an option when they purchase their auto insurance policy. It costs extra, and lots of people just do not want to pay the extra money for this benefit.

The Texas Insurance Code, Section 1952.152, mandates that PIP coverage be offered to any purchaser of auto liability coverage. Section 1952.153, mandates that the minimum amount of coverage for PIP is $2,500. Some insurance companies will offer up to $100,000 of PIP coverage.

Section 1952.155 mandates that this coverage be provided without regard to fault in the accident or any other event that the coverage provides for. The PIP benefits are payable without regard to fault or other sources of insurance coverage. This same section of the Insurance Code states that an insurance company paying benefits under PIP coverage does not have a right of subrogation or claim against any other person or insurance company to recover any benefits by reason of the alleged fault of the other person in causing or contributing to the accident.

Towing And Storage Charges And Auto Insurance In Texas

July 1, 2010 | Mark S. Humphreys

Someone living in Flower Mound, Haslet, Grand Prairie, Arlington, Mansfield, Crowley, Cedar Hill, Carrollton, Irving, or anywhere else in Texas may wonder what happens or who is suppose to pay the towing and storage charges resulting from an accident. This was the issue in a recent court case.

The Court of Appeals, Eastland, Texas, decided a case on June 3, 2010, where this was the issue. Or more specifically, the issue was more along the line; How much does the insurance company for the at fault driver have to pay for these charges? The opinion was authored by Justice, Rick Strange. The style of the case is, Underwriters at Lloyds of London v. Robert Harris, Individually and d/b/a Harris Garage.

In this case, Robert Harris (Harris) filed suit against Underwriters at Lloyds of London (Underwriters) seeking towing and storage charges and attorney’s fees. The jury found in favor of Harris in all three causes of action and Underwriters appealed.

Negligent Entrustment Claims

July 1, 2010 | Mark S. Humphreys

What does it take for someone in Weatherford, Aledo, Dallas, Mesquite, Garland, or some other city in Texas to be guilty in negligently entrusting their vehicle to another person? What happens if you sue someone for negligent entrustment and a court finds that you should not have sued for that reason?

The Texas Court of Appeals in Austin, decided a case on August 1, 2008, that addresses both questions. The style of the case is, T. Christopher Robson v. Garrett Gilbreath and David Gilbreath.

In this case, the driver of a car, Garrett Gilbreath, struck and killed Elizabeth Daley a relative of Christopher Robson. The owner of the car was David Gilbreath, the father of Garrett. Robson asserted that David was guilty of “negligently entrusting a large vehicle, such as his Chevrolet Suburban, to a sixteen year old minor, Garrett, who had little driving experience.”

Deceptive Trade Practices And Automobile Loan Modifications

June 30, 2010 | Mark S. Humphreys

No matter where you live, Grand Prairie, Arlington, Mansfield, Fort Worth, De Soto, Hurst, Duncanville, Weatherford, Aledo, Azle, or anywhere else in Texas, you like most anybody else, are always looking for ways to save a few dollars and hopefully make life a little easier to manage.

The Palm Beach Post ran an article on June 22, 2010, that showed how one business was taking unfair advantage of this desire to save a little money that most of us have. This article was written by Susan Salisbury. The title of the article is, “Lawsuit says Fort Lauderdale auto group engaged in deceptive practices.”

She reported that, Auto Relief Group, a Fort Lauderdale based firm owned by a John J. Boyle, from Fort Lauderdale and his son John J. Boyle, from Boca Raton, are being sued for allegedly engaging in deceptive and unfair practices related to automobile loan modifications. These accusations are from the Florida Attorney General’s Office.

Home Owners Win Victory

June 29, 2010 | Mark S. Humphreys

Home owners in Grand Prairie, Arlington, Mansfield, Colleyville, Keller, Aledo, Bedford, and all through the State of Texas should be comforted about a recent case. This case was in Florida, but will help home owners all over the United States, including Texas.

On June 19, 2010, The Miami Herald reported on a story concerning a lawsuit over the Chinese drywall that has been in the news the last few years. The author of the story is Nirvi Shah. The reporter tells us that after two and a half years, a Miami couple was awarded $2.5 million in damages and expenses, after blaming odors and corrosion problems on defective Chinese drywall.

The article, the title of which is, “Chinese drywall verdict is in: $2.5 million,” tells us that Armin and Lisa Seifart sued Miami-based Banner Supply after the drywall that the company provided corroded copper pipes and fixtures, ruined their air conditioner and other appliances and made their home stink.

Permissive Driver Coverage In Texas

June 27, 2010 | Mark S. Humphreys

How does someone living in Grand Prairie, Arlington, Mansfield, Fort Worth, Keller, Bedford, Hurst, Euless, Irving, De Soto, Duncanville, Burleson, Granbury, or anywhere else in Texas, know when an unlisted driver on an insurance policy is covered if an accident occurs? This is the third of three posts in a row on this subject. The following is what happened in a third case addressing this topic.

In 1989, the Texas Supreme Court, in the case, United States Fire Insurance Company v. United Service Automobile Association, discussed the issue of permissive driver coverage. This case involved a dispute between insurance companies over which had the duty to defend Anna Milliken, a passenger in an automobile, who allegedly caused an accident by grabbing the steering wheel of a moving vehicle. One policy was issued by United States Fire Insurance Company (Fire) and covered the automobile involved in the accident. The other was issued by United Service Automobile Association and insured the father of the passenger, Anna Milliken. The courts ruled that Fire had responsibility in this case.

The claim arose out of an accident that occurred when Anna was riding back with Douglas Martin from a church sponsored retreat. The car Douglas was driving was owned by his father and was covered by the Fire policy. Douglas testified that there was some swerving and horseplay prior to the accident. Anna testified that Douglas was zigzagging the wheel back and forth prior to the accident and that she grabbed the wheel on two occasions prior to the accident in an effort to play back with him. The first time Douglas did not object, and the second time was immediately prior to the accident. Anna testified that she and Douglas were “just kind of playing around.”