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Texas Insurance Bad Faith Questions & Answers
1 Answer | Asked in Insurance Bad Faith, Insurance Defense 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...
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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...
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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 »

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Hello, I rear-ended another vehicle while working and driving a company vehicle.

I rear-ended another vehicle while working and driving the company vehicle and I am an employee and not a contractor. My employer he's trying to deduct money from my paycheck and I need advice on how to deal with this since the employer is liable for the cost. What can I do to prevent or... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 12, 2022

A Texas attorney could advise best, but your question remains open for two weeks. From the standpoint of insurance, your employer should have a commercial policy in effect for the vehicle. That should cover third-party liability claims. I hope you were not injured, but if you did require any kind... Read more »

1 Answer | Asked in Car Accidents, Insurance Defense, Collections and Insurance Bad Faith for Texas on
Q: If I have met my deductible and out of pocket max due to a car accident, why is my insurance requesting I pay them back?

I was in a hit and run car accident in September resulting in severe damage to my left foot and left hand. We have met our deductible and out of pocket max with medical insurance due to the surgeries I have required. I will have to pay those again when the new year comes because I am still... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2021

A Texas attorney could advise best, but your question remains open for two weeks. I'm sorry for your aggravation being compounded by the demand for the repayment of cost of your medical services. Unfortunately, these situations can arise where health insurance carriers assert liens against... Read more »

1 Answer | Asked in Products Liability, Insurance Bad Faith and Insurance Defense for Texas on
Q: I've Amica insurance for both home & auto & my son hit house. Amica says to cover home on home policy, not auto. Fair?
Leroy Scott
Leroy Scott
answered on Nov 12, 2021

That sounds about right. Your auto policy probably covers damage to the vehicle itself (collision or comprehensive coverage) and damage that you cause to other people’s property (liability/property damage coverage). While your home policy covers damage to the home itself and may cover injuries to... Read more »

1 Answer | Asked in Real Estate Law, Insurance Bad Faith and Insurance Defense for Texas on
Q: Can we claim damage on a property that was sold if the claim was made prior to sale?

Our home in Texas had suffered roof damage due to hail. We opened a claim with insurance company. They delayed sending the check for repairs. Meanwhile the home got sold at a much reduced price. Insurance company later sent the check, but it had both ours and the mortgage company's names.... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2021

A Texas attorney could answer best, but your question remains open for three weeks. If you were represented by an attorney in the sale, they would be in the best position to advise. But as a general matter, you may have signed a release that reflects your acceptance of money damages for the... Read more »

1 Answer | Asked in Contracts and Insurance Bad Faith for Texas on
Q: Can Knights of Columbus refuse to cancel my life insurance policy? They won't let me change beneficiaries or cancel.

I have been divorced for a long time. I've recently remarried and I'm updating my insurance beneficiary with Knights of Columbus. They asked for a copy of my divorce decree and replied with this: It appears the divorce decree did not have any information concerning your KOFC policy. We... Read more »

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

1. Because Texas is a community property state, when an insured is/was married, it can cause problems for a beneficiary later on because the surviving spouse can claim that s/he is entitled to some of the policy payout.

2. If you don't pay the premiums, the policy will simply lapse.

1 Answer | Asked in Contracts, Civil Rights, Insurance Bad Faith and Insurance Defense for Texas on
Q: Am I doing something illegal?

i just want to see if this something illegal I’m getting roped into? I have received check via email from a woman I was talking to online. On the checks, they have a Life Insurance company at the top of the checks. they are asking that I deposit them into my bank via mobile deposit, keep partial... Read more »

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

This is almost certainly a scam and very likely a crime. Life insurance companies don't send checks and ask you to return some of the funds.

1 Answer | Asked in Insurance Bad Faith for Texas on
Q: Info sent to insurance 1 month before statute of limitations. Can they stall to avoid paying? Have open claim number.

Rear ended in auto collision. Took excessively long due to 3 surgeries and COVID protocol.

Leroy Scott
Leroy Scott
answered on Oct 13, 2021

You need to actually file a lawsuit against the proper defendant (likely the other driver and his/her employer, if appropriate) BEFORE the statute of limitation (SOL) runs. Filing an insurance claim does nothing to stop the SOL. If the SOL passes and you did not file a lawsuit, the insurance... Read more »

1 Answer | Asked in Insurance Bad Faith, Insurance Defense and Real Estate Law for Texas on
Q: i got a reverse mortgage loan. the company said they would pay insurance , they haven’t done so and it expired

the contract says insurance and taxes need to be kept up I am really concerned

John Cucci Jr.
John Cucci Jr.
answered on Sep 20, 2021

So you are right to be concerned.

If the agreement between you and the mortgage company requires them to pay for home insurance, then they are obligated to do so. If that is true your best move is to send the mortgage company a certified letter demanding that they provide coverage. If they...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: Was in car accident not on insurance and seeking guidance

A couple of weeks ago I rolled into an intersection and got t boned. It was not my car and I'm not in the insurance. The insurance company contacted the provider and is threatening to sue for this. (This is what I gathered over the phone call I just had with them) this is the first car... Read more »

Doug Goyen
PREMIUM
Doug Goyen
answered on Jun 18, 2021

From the way you phrase the question, it sounds like you believe you caused the collision. You may want to go over the details with an attorney, just in case.

If you were driving someone else's vehicle:

Did you have permission to use the vehicle you were driving?

If...
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2 Answers | Asked in Insurance Bad Faith, Insurance Defense, Criminal Law and Traffic Tickets for Texas on
Q: If proof of insurance was provided to the court do they verify it?

If someone received a ticker for Financial Responsibility (No Insurance) and they showed the court they had a policy during the date of ticket is the case dismissed immediately or is the insurance policy verified? Not speaking of fake insurance but if you can't remember if it was cancelled or... Read more »

Kiele Linroth Pace
Kiele Linroth Pace
answered on May 5, 2021

They will probably verify it unless someone is being lazy.

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1 Answer | Asked in Consumer Law, Contracts, Arbitration / Mediation Law and Insurance Bad Faith for Texas on
Q: What can I do about a supplemental insurance company's mistake resulting in my info being sent to a coworker?

Local insurance agent put a coworker's address in my account when we were enrolling (along with at least one other typo; birthday is/was wrong). Been going back and forth with him and the corporate customer support team. I can't get a refund and terminate my account, because I cant verify... Read more »

Teri A. Walter
Teri A. Walter
answered on Jan 27, 2021

Was the agent negligent? Sounds like it. But at this point it's not clear what your damages are. If they fix the problem, you won't have any damages. No damages means no claim against the agent.

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