Being a third party claimant is different than filing with your own insurance, because you have no policy, or contract, with the person who caused the accident or their insurance company. With third party claims your claim is against the person at fault, as a result, it is that person’s responsibility to pay for your […]

Delaying the investigation or payment of claims by requiring an insured, claimant, or the physician of either to submit a preliminary claim report and then requiring the subsequent submission of formal proof of loss forms, both of which submissions contain substantially the same information; Failing to promptly settle claims, where liability has become reasonably clear, […]

In the absence of a national standard, and according to varying standards independently set by each state, Unfair Insurance Claim Settlement Practices are generally defined as “if the Insurer knowingly commits or performs with such frequency as to indicate a general business practice” according to the following: Misrepresenting pertinent facts or insurance policy provisions relating […]

Below is a sample of a Time Limit Demand (TLD).

A liability claim is when someone else is liable (responsible) at least in part for the injured person’s damages. Liability is another word for responsibility or obligation: the at-fault driver (or their insurance carrier) has an obligation to pay for the injured party’s claim. An injured person might in some cases make both a first-party […]

Demand must met the following elements before the doctrine is triggered and demand considered to be a Time Limit Demand: – Imposes no duty on an insurer to make unilateral efforts to settle a case. – The insurer need only respond to settlement offers that it receives from the third party. – In order to […]

For personal injury cases gives you two years from the date of the injury to file a lawsuit in the state’s civil court system. If you do not get your lawsuit filed before the two-year window closes, the Texas civil court system will likely refuse to hear your case at any time in the future, […]

Deceptive Trade Practice Definition: An intentional act or omission in the course of trade or commerce that has the tendency or capacity to mislead or create the likelihood of deception. In 1973 the Texas Legislature enacted the Texas Deceptive Trade Practices –Consumer Protection Law. Became known as one of the foremost consumer protection statutes in […]

Subrogation as defined by Black’s Law Dictionary as “the right of one who has paid an obligation which another should have paid to be indemnified by the other.” Put in more simple terms, the right to reimbursement. Cause of Action when used in an Assignment of Benefits notice must be protected. Doctors and chiropractors often […]

Soriano claims are claims where there are inadequate limits, multiple claimants and large damages. The same Stowers principles that apply in a single claimant case apply to a claim with multiple claimants. Elements of a Soriano Claim: Failing to settle a claim, the insurer is negligent in a Soriano situation if: The insurer negligently rejects […]