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Texas Insurance Defense Questions & Answers
2 Answers | Asked in Personal Injury, Car Accidents and Insurance Defense for Texas on
Q: I was at fault for an accident and I’m having awful anxiety about being sued, it seemed minor at the time.
Gregory S Baumgartner
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Gregory S Baumgartner
answered on Jan 12, 2024

Being sued is certainly stressful, yet most of the time, needlessly. If this claim stems from an auto accident, contact your insurance company and let them handle the case and worry about it. If you have coverage, the insurance company will provide a qualified attorney to handle the matter. The... View More

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3 Answers | Asked in Insurance Defense for Texas on
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?

I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit

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

It sounds to me like this is an E&O ("Errors and Omissions") claim against you as a licensed professional which falls into the area of practice known as professional liability law (an area of law which I personally happen to practice).

As a licensed insurance agent, you were...
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3 Answers | Asked in Insurance Defense for Texas on
Q: what kind of attorney Practice one of my Insurance Client lawsuit me for underinsured coverage claim ?

I was Allstate agent till 2020 when I started my own independent insurance agency . I received Citation on November 1st from customer lawsuit Allstate and me for incident happened in 2016 . I like to have consultation with Attorney whose practice in defending insurance agent lawsuit

James L. Arrasmith
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answered on Nov 13, 2023

In your case, where a former client is suing you and Allstate for an underinsured coverage claim related to an incident that occurred while you were an Allstate agent, you should seek a consultation with an attorney experienced in insurance defense. Specifically, you'll want an attorney who... View More

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2 Answers | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Can my insurance company delay or deny my claim because I haven't been able to obtain a copy of the police report?
John Michael Frick
John Michael Frick
answered on Oct 23, 2024

Yes. A request for a copy of the accident report is reasonable. An insurance company can delay payment until a reasonable request for additional information from the policyholder is satisfied.

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2 Answers | Asked in Real Estate Law and Insurance Defense for Texas on
Q: I own an El Paso, TX home mom is living in, sister has caregivers with no liability insurance. Can I require insurance?

I own an El Paso, TX house my 88 year old mom is living in, and have discovered that the caregivers employed by my sister do not have any insurance of any kind. No liability insurance nor worker's comp.

This puts me at great risk, since a claim could wipe me out financially.... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

Under your circumstances, you should hire a licensed home health care company to provide care for your elderly mother. Hiring random people to act as caregivers for an elderly person sounds sus and is very risky.

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1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: My dental insurance didn't pay the provider now the provider is charging me for services that should be 0 copay.

I confirmed with the insurance that there should be 0 copays but they only mailed a $10 dollars check to the provider when asking for a solution I was left on hold for hours and they just hung up on me in the end. how to get it resolved?

Tim Akpinar
Tim Akpinar
answered on May 23, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Until you are able to consult with a local attorney, the carrier's claims personnel could sometimes liaison with providers to resolve coverage issues. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Insurance denied my claim the doctor was in-network and the website and provider stated that should only be a $40 copay

United Healthcare website has the provider as in network with a $40 copay I got a referral got confirmation from a doctor that they are in network but insurance denied the claim and wants to charge me over $400 dollars for it when I called to resolve it I was left on hold until they hang up on me... View More

Tim Akpinar
Tim Akpinar
answered on May 20, 2024

A Texas attorney could advise best, but your question remains open for two weeks. You could look into the Texas Department of Insurance, Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: Good morning, I am trying to find a pro bono lawyer that can help me with an insurance case.

My son is 5 and he was diagnosed with Autism around 2 yrs old. We have had him enrolled in an ABA facility for therapy in which he was going 40 hrs a week, as directed by his physician . Recently my insurance company cut his hours in half. We appealed this and had a new assessment done and sent it... View More

Tim Akpinar
Tim Akpinar
answered on Apr 3, 2024

A Texas attorney could advise best, but your question remains open for a week. If you're seeking a pro bono attorney, one option would be to start with legal aid organizations about information and resources they might have. State and local bar associations might be another source of guidance.... View More

1 Answer | Asked in Foreclosure and Insurance Defense for Texas on
Q: Can i buy a title insurance policy for a deed in lieu of foreclosure in Texas? I am the owner finance lender.
John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes, you can legally buy a title insurance policy.

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Insurance Defense for Texas on
Q: If you get into an accident and one person is at fault, is it necessary for both people to exchange insurance?

If you have a link to a source that answers this question or supports the answer, it would be super helpful.

Joel Gary Selik
Joel Gary Selik
answered on Jan 19, 2024

Yes both must exchange information. For example consider Texas Transportation Code Chapter 550

1 Answer | Asked in Insurance Defense for Texas on
Q: My car was taken vy my insurance company in 2022 and now yesterday they tell me I can pick up my car mind u I didn't

Know where my car was and now they are saying I have to 3300 to get my car back

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2023

A Texas attorney could advise best, but your question remains open for three weeks. From the post, it isn't fully clear how the charges materialized - does it involve deductible, subrogation claim, etc. If they included documentation, one option could be to review with a local attorney. Good luck

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for Texas on
Q: All state insurance reported 16 claim on me which i find out when.run background via lexis Nexis for 1

Upon asking about the claim from all state all they saying you call when i ask for documentation invoice for me to beleive also valid non valid as per texas laws adjuster need to inform his clients 15 to 35 days fail to do fail to give me give me any information so i say refuse and if their so no... View More

Tim Akpinar
Tim Akpinar
answered on Nov 29, 2023

A Texas attorney could advise best, but your question remains open for a week. From the limited facts of the post, it's a little difficult to figure out exactly what took place here. If you have pending claims against you, Allstate as your carrier should be assigning a claim representative or... View More

1 Answer | Asked in Insurance Defense for Texas on
Q: A hospital found a lien against me for $99,600 my insurance settlement is $100,000 how can I make them honor chapter 55
John Michael Frick
John Michael Frick
answered on Aug 21, 2023

Provide the hospital with a copy of the settlement agreement. In most instances, they will honor the limitation imposed by Chapter 55 and accept $50,000 on their lien claim.

1 Answer | Asked in Car Accidents, Insurance Bad Faith, Insurance Defense and Intellectual Property for Texas on
Q: What can be done about an insurance company not complying to pay for property damage in a no fault auto accident

My husband was in an auto accident driving his brothers truck. the insurance company ruled he was at no fault but, they are not wanting to pay the property damage. No lawyer wants the case because there was no injury. Neither insurance company's belong to my husband so we don't know how... View More

Tim Akpinar
Tim Akpinar
answered on May 22, 2023

A Texas attorney could advise best, but your question remains open for a week. One option is to continue trying to find an attorney to handle the matter. If still no luck, another is to handle the case on your own. The problem you describe is not uncommon with property-damage-only claims, where it... View More

2 Answers | Asked in Insurance Defense for Texas on
Q: Someone working for my insurance company has used my identity for years. Who do I talked to?
John Michael Frick
John Michael Frick
answered on Mar 4, 2023

You should report it to law enforcement

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1 Answer | Asked in Insurance Defense and Personal Injury for Texas on
Q: The third party insurance, paid my medical bills without ever contacting me I never signed anythingIs that normal?
John Michael Frick
John Michael Frick
answered on Dec 30, 2022

In my professional experience it is not "normal." But it's very wise, and I have recommended it before.

In many instances, it is simple the "right" thing to do based on the facts and circumstances of the case. Paying an injured party's medical bills without...
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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 Defense, Car Accidents and Personal Injury for Texas on
Q: Should I accept the auto-insurance settlement or should I seek an insurance lawyer/attorney to try to gain more?

My boyfriend was driving my car and in order to avoid a car coming into our lane, my car's auto-lane assist pulled the car to the left; we then hit a stationary barrier that was protruding into the roadway (there was NO shoulder on this highway).

We are on the same auto-insurance... View More

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

Your question lacks important information like what is the cost to repair your car and how much, if any, has the damage to your car depreciated its value even after it is repaired.

There is no way to judge the settlement offer without knowing this information.

1 Answer | Asked in Workers' Compensation, Health Care Law and Insurance Defense for Texas on
Q: If I return to full duty at work, is the responsibility of the insurance carrier over?

I injured my right knee during a slip and fall at work. The injuries are a complete tear of the ACL, partial tear of the MCL and buckling of the PCL. I have arthritis in me knee and the only surgery that me doctor will do is a complete knee replacement. The Worker’s Comp insurance carrier said... View More

S. Michael Graham
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S. Michael Graham
answered on Sep 15, 2022

It is very difficult to prove a total keen replacement is due to your work related injury. You will need an expert medical opinion to state all the conditions for which you need the total knee replacement are a result of the work injury within a reasonable medical probability. If you prove this,... View More

1 Answer | Asked in Insurance Defense for Texas on
Q: I live in Texas which is a Constitutional carry state. Should I get LTC insurance to protect myself
Arturo C. Aguilar
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answered on Aug 20, 2022

If you have a large number of assets, yes. Because using your weapon can always implicate liability, say, were you to allegedly get sued for using lethal force when unnecessary, it can cover your attorney's costs.

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