Tag Archives: Texas Insurers

Carriers Can’t Hide Behind Laundry List of Requested Items and Avoid the Texas Prompt Payment Act

After a claim is filed, the insurance company is certainly entitled to receive from a policyholder reasonable information that the insurance company requires to decide whether to accept or reject the claim. Unfortunately, as a way to delay the claim and discourage the policyholder, many insurance companies create daunting laundry lists of items from the … Continue Reading

Lobbying Spin Doctors Working for Texas Insurers against Policyholders

Yesterday’s post, Texas Insurance Lobbyists Support Bad Insurance Practices promised to show “how the insurance lobby uses ‘think tanks’ and the media – directly referencing yours truly – to manipulate our own elected representatives.” As a conservative supporter of people trying to help people rather than cheating insurance companies and believer that propagandists are a … Continue Reading

Texas Home Insurance Rates Up 21% Since 2009

Several Texas news outlets discussed a report from the Texas Department of Insurance (TDI) which stated that homeowners insurance premiums in Texas have gone up 21 percent since 2009. Texas Insurance Commissioner Eleanor Kitzman presented figures to a Senate committee recently showing that the average premium on a homeowners policy in Texas last year was … Continue Reading

Third Party Beneficiary Status Under a Force-Placed in Texas

Banks and mortgage companies regularly buy what is known in the insurance world as “force-placed” insurance coverage. This type of coverage protects a mortgagee’s interest in the property should no other insurance coverage apply. In other words, force-placed insurance ensures that a property is covered, regardless of the circumstances. Most force-placed policies are made between … Continue Reading

Texas Windstorm Insurance Association Found to be in Violation of Texas Law

On Friday, July 15, 2011, the Texas Department of Insurance Commissioner issued a ruling stating that the Texas Windstorm Insurance Association (TWIA) had “violated the insurance laws of the State of Texas….” Specifically, the Texas Department of Insurance Commissioner found that TWIA violated state law by deceiving and taking advantage of TWIA policyholders after thousands … Continue Reading

TWIA Taken Over By Texas Insurance Commissioner’s Ruling

A special hearing has been set this Friday regarding Texas Windstorm Insurance Association (TWIA) Hurricane Ike litigation following TWIA being placed under administrative oversight. The Texas Department of Insurance has the power to place TWIA under its control during a time of crisis. Apparently, new information provided to the Department of Insurance lead to the finding … Continue Reading

Texas Judges Need to Recognize That Insurance Companies Have to Prove Exclusions: Dispelling the Myths of Insurance Texas All Risk Coverage Burdens

An “all-risk” insurance policy provides coverage for all fortuitous losses, less enumerated exclusions. Imperial Ins. Co. v. Ellington, 498 S.W. 2d 368, 371 (Tex. App.- San Antonio 1973, writ denied). Generally under an all-risk policy, the insured need only prove a fortuitous event resulted in a loss. Id. at 375. If the all-risk policy excludes coverage, … Continue Reading

Holiday Gift from Insurance Companies to Texas Residents? Higher Insurance Rates!

As is their custom, several major insurance companies have recently announced that they will be raising Texas insurance rates across the board. Last month, the Houston Chronicle reported that Farmers Insurance plans a 3.9 percent statewide hike that will affect about 324,000 Texas customers. Farmers stated that the increase was “in response to increasing costs … Continue Reading

Requests for Itemized and Line By Line Appraisal Awards Become More Common

Texas and Florida insurance companies wanting to preserve coverage disagreements and dispute appraisal awards have one thing in common–requests for itemized appraisal awards. Insurance policies have no provision for such itemizations. In construction practice, nobody accepts or places bids with the lowest line by line bid. Only the bottom line counts. Even in jury trials, the itemization … Continue Reading

Unfair Insurance Practices in Texas

Recently, I was discussing my job with a non-lawyer friend. I told him that I typically pursue claims against insurance companies on behalf of policyholders for a variety of reasons, including “unfair insurance practices.” At that point, he asked about “unfair insurance practices” because he didn’t know what that meant. His question made me think … Continue Reading

Litigation Discovery Continues During Appraisal of Damages in Texas Federal Court

American Economy Insurance Company, a Safeco subsidiary, takes different positions on appraisal and litigation in Texas. While American Economy refused to abate discovery in a matter I am litigating, it unsuccessfully argued to abate formal litigation discovery in another case, Tran v. Am. Econ. Ins. Co., 2010 U.S. Dist. LEXIS 66283 (S.D. Tex. July 2, … Continue Reading

Preparation For TWIA Depositions Are Underway

A recent order from Galveston County regarding the TWIA litigation specifically names the TWIA representatives who will be deposed and the manner in which the depositions will take place. Suffice it to say that it is no easy challenge preparing for these depositions (see attached order). As members of the Plaintiff’s Ike committee, the members … Continue Reading