Is a Tornado or Windstorm The Texas Supreme Court recently ruled in favor of the insurance company and found that a tornado was considered a windstorm for the purposes of applying the policy's hail and windstorm deductible. In Pure Underwriters Reciprocal Exchange v. Mankoff , the Texas Supreme Court reversed the Texas Court of Appeals for the Fifth District and found that a tornado is unambiguously a windstorm under Texas law. Under Texas law, a term in an insurance contract

Commercial Insurance Claims Can Result in Big Disagreement with the Insurance Company Contractors must be careful not to commit the unauthorized practice of law in Alabama. After a loss, contractors are often the first professionals on site—and insureds naturally want them to help “deal with the insurance company.” That instinct is understandable. But in Alabama, there is a clear legal boundary  between providing construction expertise and negotiating insurance claims on beha

The Motto on the Supreme Court Building Should Be Sacred and Zealously Protected by All of Us The Alabama Direct Action Statute  is meant to give an injured tort victim a path to insurance proceeds after securing a judgment. The Eleventh Circuit’s recent decision in A.B. v. Nationwide  shows how Alabama’s late-notice precedent has been interpreted to undercut this purpose. What the Eleventh Circuit Did—and Why It Matters In A.B. v. Nationwide , the court applied Alabama law a

Make Sure to Understand Your Obligations: Not Providing Documents Could Lead to a Claim Denial. When insurance companies request examinations under oath of their insureds, they often accompany these requests with very extensive document requests. Often the documents requested seem very sensitive, confidential and burdensome. It is often the safest move to provide the documents. Obtain and Read your Policy The policy and state law will affect the extent to which insurance com

The Insurance Company May Not Want You to Know What Reserves it Set on This Claim A Texas federal court recently followed the majority rule in the Fifth Circuit and held that policyholders could discover an insurer’s reserves and that these reserves are relevant to a claim of insurance bad faith under Texas law. Insurers are required to set reserves in order to estimate claims payouts to make sure that they have enough money to pay claims. As a result, in each claim, the insu

Insurers shouldn't be given special treatment or be allowed to use appraisal to delay the claims process. The recent Texas case, Germania...

It's important to read the terms of your policy, including the appraisal clause, carefully. A recent case out of the United States...

Smoke, soot and ash cause extensive damage every year, but will your insurer cover it? Does your commercial property policy or homeowners...

You need the correct information to pick the correct policy and insurance company Would you buy a car you couldn’t inspect—no specs, no...

Is Your Defendant Covered by Insurance? Usually when we file lawsuits, we must consider who is going to pay for any judgement or...

Damaged Church The 11th Circuit Court of Appeals recently handed a policyholder a big win in affirming a $1.7 million verdict based on...

When policyholders buy insurance, they often assume their home state’s laws will govern any disputes. But in a recent decision, the...

Does Your Surplus Lines Policy Contain a Service of Suit Clause? In a long, scholarly opinion, the Houston based 14th District Court of...

Texas Tornadoes Can Be Devastating When Disaster Strikes, Many Texans Are Left Empty-Handed According to a recent Houston Chronicle...

Is State Farm Committing Bad Faith By Refusing to Participate in Homeowners Appraisal Process Insurance bad faith occurs when an insurer...

Senator Hawley of Missouri examining State Farm and Allstate Bad Faith Practices Senators Hawley and Kim led a spirited hearing on...

Some States, like Colorado, Allow Bad Faith Actions Against Workers Compensation Insurers As reported by Courtroom View Network , A...

An insurance attorney can maximize the amount of insurance dollars that go toward defending your company and settling the case and minimize the money taken away from your business operations.

a roof with storm damage Insurance Vendor Verisk, which provides analytics to the insurance industry recently released a report  that...

Hail can be one of the most destructive natural phenomena and the number and intensity of hail storms have been increasing as average...