Tag Archives: Texas

Does a Partial Denial and Jury Demand Prohibit the Insurer From Proceeding with Appraisal?

It happens frequently: The insurance company admits the policy covered part of the loss but refuses payment at the time because the amount of the loss falls below the deductible. The insurer then admits the insured also suffered other damages to the property, but denies coverage for this damage for a variety of exclusions or … Continue Reading

When Are Older Claims Dead? A Recap of Texas Limitations Law in First-Party Claims

There are times when public insurance adjusters or lawyers representing policyholders get claims where the policyholder did not discover damage until some time after the actual date of loss. For example, property owners sometimes don’t discover their hail damage until they experience leaks and ask a public insurance adjuster or roofing contractor to inspect their … Continue Reading

Office of Public Insurance Counsel Weighs in Against Proposed Mandatory Arbitration Endorsement

Alex Winslow of Texas Watch passed along to me that the Office of Public Insurance Counsel (OPIC) has weighed in against the mandatory arbitration endorsement proposed by Texas Farm Bureau and now (semi-secretly) before the Texas Department of Insurance (TDI) for approval. OPIC is the state office tasked with representing policyholders in rate and form … Continue Reading

Insurance Industry Pulling End Around on Texas Policyholders: Carrier Asking TDI to Approve Pre-Dispute Arbitration Clause in Policy Form

I am using this blog to get the word our to all persons in Texas who care about working Texans and Texas businesses who pay insurance premiums every day. Please read below from Alex Winslow of Texas Watch and please go on the Texas Watch website and oppose this type of policy. I emailed Alex … Continue Reading

Review of Texas Department of Insurance Bulletins on Roof Replacement with Multiple Overlays

Note: This is a guest blog written by Dwayne Hall, a public insurance adjuster in Texas. On June 11, 1993, the Texas Department of Insurance (TDI) issued a bulletin to address replacement of damaged roofs. The bulletin specifically set forth the position of the Department regarding the payment of a claim for a roof damaged loss … Continue Reading

The First Thing You Do Is Read the Policy, Part I: Limitations Clauses in Texas and the Spicewood Case

One of the first things lawyers look at when presented with a potential new case is the statute of limitations (deadline to file suit) and whether the deadline has passed. That issue is trickier in first-party property cases because carriers usually insert a limitations clause into the policy, saying suit must be brought within a … Continue Reading

Texas Sixty-Day Notice Letter Redux

In August I wrote a blog called Rethinking the Sixty-Day Notice Letter in Texas. My blog had two points: (1) To encourage policyholders to send out the sixty-day notice as early in the process as possible so that if a lawyer must be hired the lawyer doesn’t have to waste sixty days waiting on the … Continue Reading

Rethinking the Sixty-Day Notice Letter in Texas

The unfair claims settlement provisions of the Texas Insurance Code and Chapter 17 of the Texas Business and Commerce Act are tied together so a violation of the Texas Insurance Code is also a violation of the Texas Deceptive Trade Practices Act. The Texas DTPA allows a jury to award up to treble the actual … Continue Reading

“Dazed and Confused” about Ambiguity in Texas

I have been handling property damage cases since Hurricane Rita hit the Beaumont, Texas area in 2005. Much more prevalent these days are allegations that a provision of the insurance policy is ambiguous, and therefore, must be interpreted in a way more favorable to the policyholder. What I am about to say might sound like … Continue Reading