Many of you may recall that, during the Spring of 2016, many parts of Texas were hit with storms of varying severity that caused significant property damage. Some of the resulting insurance claims that arose from those storms have dragged on, including a number that simply fell by the wayside as both carriers and adjusters were pulled away to focus on the hurricanes that wracked so many states in 2017.
Continue Reading Speak (with an attorney) now or forever hold your peace

We were recently asked about the extent to which your insurance company can share your personal information.

This question begins with the privacy protections under federal law found in the 1999 Graham-Leach-Bliley Act (the Act).1 Title V of this Act relates to consumer privacy, and contains rules about how financial institutions may share “non-public personal information” (“NPI”) that they obtain from and about you. NPI is a broad category of information that can include your address, Social Security Number, account numbers, and any personally identifiable information you entered onto an application, for example.
Continue Reading Only You Can Prevent Your Information From Being Shared

In theory, the appraisal process is intended to provide an efficient means of determining the cost to repair or replace damaged property. It is also intended to have a degree of finality – once the appraisal panel determines the amount of damages, the damages are typically fixed at that amount.
Continue Reading If You Believe Your Appraisal Award Is Wrong – You Might Be Right

After the rain finally stopped falling in the wake of Hurricane Harvey, many homeowners removed personal property from their homes, generally to permit it to dry in the sun. Unfortunately, while we saw many examples of humanity’s best side during Harvey, there remain those who cannot resist the temptation to steal from those who have been hurt by a hurricane.
Continue Reading Theft of Homeowner Property after Hurricane Harvey

In Texas, unlike some states, courts assign a minor role to public policy when interpreting insurance policies. A good example is the treatment of an arsonist’s innocent spouse. As has been described earlier, the “arson defense” permits a carrier to avoid payment upon a showing that the policyholder intentionally created a loss.1 But what about the arsonist’s spouse?
Continue Reading Innocent Spouse Ability to Recover Policy Proceeds Following Arson