It is one thing to sue your insurance company for doing you wrong.  It is another thing to prove the costs of what they should have done for you.  Here is a 2024 opinion from the Northern District of Texas, Dallas Division, that discusses this issue.  It is styled, Brian and Shannon Hart v. State Farm Lloyds. The Harts suffered a loss to their home and their insurer is State Farm.  The Harts made a claim and a lengthy dispute arose between them and State Farm as to the costs of repairs.  A relevant fact in this case is that the repairs were not performed.  A laws ..read more

Here is a 2024 opinion from the Northern District of Texas, Dallas Division, that deals with an insurance policy.  Specifically, the wording of an insurance policy.  The opinion is styled, Johnetta Askew Hunt v. Meridian Security Insurance Company State Auto Insurance Companies. This is a summary judgment opinion regarding “residing” at a premises.  The case deals with the coverage provided by a policy and where an insured, Hunt, tries to get more coverage than the policy provides. In Texas, interpretation of an insurance policy begins with its actual words, because it is pres ..read more

Insurance lawyers need to read this November 2023, opinion from the Southern District of Texas, McAllen Division.  It is styled, Bertha Salinas v. State Farm Lloyds. The relevant facts are undisputed,  Bertha sued State Farm for denying her claim against her homeowners policy due to a weather event on July 26, 2020.  State Farm paid some sums of money on the claim but did not pay what Bertha alleges she was owed.  On April 16, 2021, State Farm sent a letter explaining it was denying further payment on the claim.  Upon receipt of the letter, Bertha invoked the appraisa ..read more

When can a person recover attorney fees in an insurance lawsuit?  There is not an easy answer to that question.  It is dependent on the facts of the case and the theories of law being alleged against the insurance company. A 2024 opinion from the Southern District of Texas, Houston Division, addresses this issue when the claim is filed invoking Texas Insurance Code, Section 542A.003(a) and 542A.007(d).  The style of this opinion is, Ashley and Walter Burke v. Liberty Mutual Insurance Company. The Burks (Plaintiffs) filed this action against Liberty for breach of contract, comm ..read more

A typical exclusion found in accidental death policies is an exclusion for death resulting from aviation actions.  This exclusion is discussed in a 1997 opinion from the Austin Court of Appeals.  The opinion is styled, Board of Trustees of Employer’s Retirement System of Texas v. Benge. The facts of this case show that the insured flew his plane in an air show.  When he landed, his plane went into a “ground loop,” turning completely around before coming to a stop in the neighboring runway.  Another plane collided with the insured’s plane.  The insured suffered injurie ..read more

What if an insured is killed while committing a burglary?  Is that covered in the policy as an accident? A 1997, Dallas Court of Appeals opinion responds to this question.  The opinion is styled, Grant v. Group Life & Health Insurance Company. Grant used a pry bar to break into a residence of Stokes.  When Grant entered the residence Stokes shot him five times, killing him.  Grant’s wife sued Group Life to recover benefits under an accident policy for the death of her husband.  Group Life moved for summary judgment o the basis that Grant died while committing a b ..read more

Is it suicide or an accident?  Here is a 1998, Austin Court of Appeals opinion styled, Butler v. Group Life And Health Insurance Company discussing this topic. During a social occasion, the decedent and a number of his friends picked up an unloaded gun, and began to point the gun into their mouths and pull the trigger.  At some point, ammunition was placed into the gun.  Decedent did not know this.  After the gun was loaded, but while decedent still believed it was not loaded, decedent picked up the gun, pointed it in his mouth, pulled the trigger and killed himself.   ..read more

Here is a 1999 case where the named beneficiary of a life insurance policy alleges the insured was not competent to cancel the policy.  The opinion is from the United State Northern District of Texas.  It is styled, Benbow v. All American Life Insurance Company, et al. All American Life Insurance Company and General American Life Insurance Company each insured Daniel Benbow under whole life insurance policies that provided coverage of $100,000.  Approximately seven months before Daniel’s death, letters were sent to both carriers requesting cancellation of the policies and furth ..read more

Here is a 1994 opinion dealing with the Texas Slayer Statute.  The opinion is from the 14th Court of Appeals and is styled, Adams v. Aetna Life Insurance Company. The insured was murdered in 1986.  Her husband was initially suspected of the murder, but was cleared by the county sheriff’s department.  After the husband was absolved by the sheriff’s department, Aetna paid him as the named beneficiary on the life insurance policies.  Three years later, it was established that the husband did kill the insured, and the husband was incarcerated. The grandmother brought suit on ..read more

Here is a 1997, Waco Court of Appeals opinion that discusses an issue related to changes to the named beneficiary because of “undue influence.” T.J. Clark could not read or write.  He relied upon Cobb, his wife’s niece, to take care of his financial affairs for over 20 years.  Clark’s will provided for the remainder of his estate passing to Cobb.  Additionally, Cobb was the beneficiary of three life insurance policies.  Over time, Clark expressed concerns about his niece, Justice, and complained about how she bothered him about his will.  When Clark was close to death ..read more