A ruling yesterday by a federal judge in Texas1 seems to indicate a trend where federal courts will prevent bad faith claims from going before a jury if the insurer has an expert opinion supporting the denial of a claim. The court dismissed the bad faith portion of the lawsuit with the following rationale:
Continue Reading Are Texas Bad Faith Cases Now More Difficult to Prove?
When we last debated in Houston, Steve Badger could hardly wait to share a new case with the Insurance Appraisal and Umpire (IAUA) audience.1 With me paraphrasing, this is my recollection of what Badger said about the case:
Spicy! That was the first comment from an audience member after Rene Sigman and I badgered Steve Badger in a panel discussion of significant property insurance adjustment issues in Texas.
Continue Reading The Steve Badger Sandwich—A Panel Debate About Texas Property Insurance Issues
They say you should save the best for last. So, Steve Badger, Rene Sigman, and yours truly are making the last presentation at the Texas Association of Public Insurance Adjusters Spring Conference on March 2 in Austin, Texas. Given our preparation, the title seems appropriate, Three for One & One for All! A Lively Discussion of Hot Topics In Texas Claims & Litigation.
The Louisiana Department of Insurance has taken the extraordinary step of filing an administrative action against a Texas-based law firm. I have been working in the first-party insurance claims business for over forty years. I have never seen anything like this.
Insurance agent negligence cases typically come to me with the following question: “Chip, I think the agent messed up. What do you think about bringing an action against the insurance agent for errors and omission?” My first two thoughts on this question are:
1. Do you know how complex agent negligence cases are?
2. In what state did this happen?
Continue Reading Insurance Agent Negligence Cases Are Complex—A Texas Example
Appraisals are a common alternative method to litigation for resolving property insurance disputes. Still, the time to file suit varies from state to state, even when an appraisal is invoked. Policyholders should be wary that even though an appraisal is invoked, some states still allow the time to bring suit to run despite the ongoing appraisal. Statutes of limitation when an appraisal is involved can be a complex and often overlooked aspect of a claim with disastrous results if the issue is not legally analyzed.
Continue Reading When Does the Statute of Limitations Run After a Texas Appraisal?
This post is an update on Can Texas Roofing and Restoration Companies Advertise That They Are Insurance Specialists and Can Negotiate on the Policyholder’s Behalf? The Texas Department of Insurance (TDI) has filed a Petition for the Texas Supreme Court to take up the case rather than simply returning to the trial level for further proceedings.1 Whether the Texas Supreme Court will do so is anybody’s guess, but the Petition has some very interesting arguments.
Continue Reading Update on the Texas Contractor vs. Unauthorized Practice of Public Adjusting Case
Public adjusters perform valuable services for policyholders. In any complex property insurance loss, a policyholder should consider hiring a public adjuster. In my book, PayUp!, I noted how important it is to select a “good” public adjuster:
Continue Reading Policyholders Should Carefully Select Their Public Adjuster and How One Texas Public Adjuster Went Far Off the Reservation
The answer to this question would have been “no” until a Texas appellate court sustained first amendment challenges to Texas law last week.1 Now, the answer in Texas is “maybe.” The matter is not resolved because the case has now been sent back to the trial court where evidence and facts will put a lot “legal meat” to this legal controversy.
Continue Reading Can Texas Roofing and Restoration Companies Advertise That They Are Insurance Specialists and Can Negotiate on the Policyholder’s Behalf?