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Texas Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Driver that hit us insurance company is paying all but $500 of a $35000 claim and want us-not atfault to pay diff-Legal?

We have a range rover and only 2 places are certified to fix it which means only Land Rover will sell parts to them- we went where the other guys insurance told us to go and after 8 weeks of trying to get an authorization they are refusing to pay the entire thing. Leaving our car hostage over... Read more »

John Michael Frick
John Michael Frick
answered on Mar 15, 2023

You can recover loss of use, which is how much it would take to rent a similar Land Rover from the date of the accident to the date repairs are complete

1 Answer | Asked in Insurance Bad Faith and Small Claims for Texas on
Q: Can I press charges on a insurance agent for stealing my $5600 premium down payment

And financing $3000 on my premium policy

John Michael Frick
John Michael Frick
answered on Mar 9, 2023

I suspect police will tell you this is a civil matter. Because such a small amount of money is involved, a civil claim for this amount falls within the jurisdiction of Texas justice of the peace courts. Such courts handle “small claims” where the amount in controversy is less than $20,000.... Read more »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: How do i sue an auto insurance company that is denying rightful claim?

My claim for auto insurance was denied by the perpetrator's insurance because their client "won't cooperate with the investigation. My car is still damaged. Do i have a claim?

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

In Texas, you cannot sue another person’s insurance company directly.

Instead, you should contact a personal injury attorney to file suit against the other driver.

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: A vehicle hit my car and 2 others in the garage where I live. The apartment complex had my vehicle towed to a storage lo

The person who hit my car is underinsured and my insurance company is considering this a total loss. I can't replace the vehicle with one that has the same mileage and condition as mine. How can I recover enough to get a decent vehicle?

John Michael Frick
John Michael Frick
answered on Feb 9, 2023

You should make a claim on your uninsured/underinsured insurance coverage.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Do I have to answer Discovery for past criminal offenses in small claims court. I’m plaintiff suing for diminished value

Her insurance has already admitted she’s at fault and repaired my car. Lawyer is claiming she is not liable. Does this apply? Rule 404. Character Evidence; Crimes or Other Acts

(a) Character Evidence.

(1) Prohibited Uses. Evidence of a person’s character or character trait is... Read more »

John Michael Frick
John Michael Frick
answered on Jan 14, 2023

Rule 404 is a rule of evidence, not an exemption from discovery.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: In Texas, is there a statute of limitations for a homeowner's claim to be accepted or denied?
John Michael Frick
John Michael Frick
answered on Jan 7, 2023

The statute of limitations is the period of time within which the homeowner must file a lawsuit against the insurance company.

Separate and apart from the statute of limitations, the Prompt Payment Act requires an insurance company to respond within a specific time to a claim made by the...
Read more »

1 Answer | Asked in Insurance Bad Faith, Appeals / Appellate Law and Civil Litigation for Texas on
Q: My insurance company made identification errors. Why do they expect me to fix the problem when they never notified me?

My medical records related to auto injuries keep 'disappearing'. Ive been denied medical treatment for auto related injuries and constantly undermineded without any explanation. Now that I know, my insurer is admitting they made identification errors during the claims process and is fully... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 5, 2023

A Texas attorney could advise best, but your question remains open for three weeks. It isn't clear why false allegations were made against you - unless you mean the matter was escalated to a SIU (Special Investigations Unit). It looks like there could be a number of issues to sort out here -... Read more »

2 Answers | Asked in Insurance Bad Faith and Employment Law for Texas on
Q: After denial, Sedgwick isn’t responding to written reqs for Copies of Claim Files OR the STD Policy, what can I do?

Fortune 100 employer, ERISA policy. Sent written requests to Sedgwick 3x, 1st was 11/22. Will not return my calls. Employer states Sedgwick provides copy of policy/Summary Plan. Sedgwick advised STD policy exhausted from previous unrelated LOA; apply for LTD via Lincoln. Without policy & files,... Read more »

Damon Miller
Damon Miller
answered on Dec 28, 2022

Under ERISA, the plan administrator (usually your employer) is required to provide plan documents to you within 30 days of your request. With both your employer and the insurance company refusing to provide you anything, you may need to get an attorney involved. Feel free to contact my office and... Read more »

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Do insurance companies have the right to hire an attorney to defend the insured against liability claims?

If liability is disputed in intercompany arbitration will the insurance company notify the insured of the arbitrators decision?

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend the insured driver.

It is not typical in intercompany arbitration for the insured to be notified of the award

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Is there a law that allows health insurance to subvert themselves under other health insurance if you’re primary on both

I have two full time jobs and have full health insurance through both BCBS and United Healthcare. Both are refusing to pay because each claims i am primary on another policy. Each is trying to subvert themselves as secondary under ther other. This seems illegal

John Michael Frick
John Michael Frick
answered on Dec 9, 2022

There are rather complex rules called coordination of benefits which address the situation when a patient has coverage under two health separate health care plans. These rules resolve which one is primary and which one is secondary.

It is definitely legal. There are a number of...
Read more »

1 Answer | Asked in Insurance Bad Faith and Car Accidents for Texas on
Q: Can an auto insurance agency deny a claim because I would not provide cell phone records unreasonably?

My two adult sons were in an accident with each other. They're covered under my policy. Fault is clear, 1 rear-ended the other. Police came. No tickets. No injuries. Straight forward.

I was not involved nor did I know about the accident for a few days. I told the insurance that when I... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 8, 2022

A Texas attorney could advise best, but your question remains open for two weeks. It's possible that both vehicles in the accident being from the same family raised red flags. You could consult with an attorney to review the file. The carrier could be building evidence for a denial, they could... Read more »

1 Answer | Asked in Insurance Bad Faith and Small Claims for Texas on
Q: Can I request that the auto insurance Company’s lawyer not represent a defendant in small claims court?

The insurance company denied my claim that’s why I am suing for an independent analysis of the accident.

John Michael Frick
John Michael Frick
answered on Dec 3, 2022

In a typical automobile liability insurance policy, the insurance company has both the right and the duty to defend its insured in any lawsuit triggering coverage under the policy.

In those cases where the insured fails to notify the insurance company of a lawsuit and a judgment is entered...
Read more »

1 Answer | Asked in Insurance Bad Faith, Estate Planning and Probate for Texas on
Q: My husband son passed away who named his insurance agent has beneficiary is that legal

My husband's son passed away at 50 years old after days ago and we found out that he had named his insurance agent his beneficiary is that legal

John Michael Frick
John Michael Frick
answered on Oct 27, 2022

It’s legal but it sure looks suspicious.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: My insurance company has denied my claim for water damage from a broken sewer line under my house

They have denied the claim based on a line in the contract that says they will not cover water damage resulting from the release "from within any portion of a plumbing or automatic fire protective sprinkler system that is either: below the surface of the ground, or within or below the slab or... Read more »

John Michael Frick
John Michael Frick
answered on Oct 12, 2022

What is covered by your particular homeowners policy depends on the language of the policy. There are a few different forms of HO insurance available and approved for use in Texas.

The ISO HO 00 03 policy as amended by the Special Provisions-Texas endorsement does not include coverage for...
Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury and Car Accidents for Texas on
Q: My lawyers filed a lawsuit for UIM claim and the insurance company is passed the deadline by 15 days to respond.

What should my lawyer be doing to resolve this matter. The para legal said they did receive an email from the defense attorney to discuss the lawsuit before the deadline but she said she is working with my lawyers to figure out what is going on. Are my lawyers just being negligent, shouldnt they... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2022

A Texas attorney could advise best, but your question remains open for two weeks. In all fairness to your attorney, they may be working toward trying to discuss the claim. You mention the paralegal receiving an email from defense attorney. Based on these brief facts, no one here could say and no... Read more »

1 Answer | Asked in Insurance Bad Faith and Probate for Texas on
Q: Life Insur: Insured died in Oct 2021. One of the beneficiaries started the claim process in Jan 2022, but didn't finish

before passing away in Feb 2022. Prudential is telling me (her Executrix) that even though she started a claim and outlived her father, her estate is not eligible for the proceeds because the 1992 policy had an "automatic mode of settlement" that paid only the 3 living persons.

Ross F. Tew
Ross F. Tew
answered on Jul 25, 2022

I expect the answer to your question lies within the language of the insurance policy itself. You would need to meet with an attorney and have him or her review the documents in question. If you are on good footing and the insurance company is in the wrong, then you will probably need to open an... Read more »

1 Answer | Asked in Consumer Law, Car Accidents and Insurance Bad Faith for Texas on
Q: Do statues begin the day liabilty is determined or the day you're notified?

Does someone need to be notified of their right to file a claim & what the deadlines are before statues can begin?

Tim Akpinar
Tim Akpinar
answered on May 21, 2022

A Texas attorney should advise here, since statutes of limitations are governed by state law. But your question remains open for two weeks. In virtually all jurisdictions, statutes of limitations usually use the day of the accident as a reference point. A local attorney could provide specific... Read more »

2 Answers | Asked in Car Accidents and Insurance Bad Faith for Texas on
Q: A semi smashed into our new 43 ft 5th wheel causing extreme damages while we were parked overnight at a Pilot Truck stop

Progressive hired an attorney ASAP because I'm an investigator & told them I knew insurance tactics. The adjuster had already low balled the damages. The 5th Wheel is under warranty & parts are in short supply. Nobody was hurt in the accident except my daughter is having nightmares... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 2, 2022

A Texas attorney could advise best, but your question remains open for three weeks. I'm sorry for the stressful situation this accident has placed your family in. Unfortunately, as you have seen from your efforts, it is difficult to retain an attorney on a contingency basis when there are no... Read more »

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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: 9/17/21. Chevey silv Hit 3 of our parked vehicles totaled 1. They left the seen. In closed claim

Hello on Sept 17,2021. Two of my personal vehicles and my sons truck he was test drive for the week but was in were involved in a hit and run . The driver took off and they found the vehicle a couple of streets down and 2 houses from were they live. Police report was done. Sept 20 is when I spoke... Read more »

Tim Akpinar
Tim Akpinar
answered on Feb 24, 2022

A Texas attorney could advise best but your question remains open for three weeks. You could place the matter into suit, or contact an attorney to do so. You and the carrier would then proceed with the claim through the court system. If you have a denial from the carrier, that would be helpful.... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: We had a fire in our barn. I had emailed the insurance agent to insure but she did not. Do we have a case?

I have the email where I asked her to do other things, that she did, but did not insure the barn. We also have a clause that outer buildings are insured but they will not pay.

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2022

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry about your fire. It could be difficult to say whether or not you have a case based on the brief description here. What is your carrier's normal protocols for revising policies? Do they modify... Read more »

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