Texas Insurance Legal Questions

When another person's insurance company refuses to pay, you can sue the insured (e.g., the other driver) or file a claim on your own policy if you have the proper coverage. Complaining to the Insurance Commission or suing the insurance company will not get you anywhere. In deciding how to proceed, you may also need to consider the reason for the insurance company’s refusal to pay. If the insurance company refused to pay because they don't believe their driver was at fault, then a lawsuit may help. But if the driver simply had no coverage, e.g. because the insurance policy had lapsed, then suing will not make the insurance company to pay.... Read More

A regular life insurance policy should pay out if the insured person dies while the policy was active. However, there may be some limited situations in which there is no payout, such as if the person committed suicide.  However, an accidental death and dismemberment policy will ONLY pay out if the insured person dies or loses a limb or an eye by AN ACCIDENT that happened while the policy was active. You may ask, "what counts as an accident?" or "how long after the accident must the person die for there to be a payout?" These questions can be answered by reviewing the particular policy. You would be surprised how different the policies are. Each policy is very different, so you must review the policy to see if the denial was correct. Now that the claim has been denied, you must file a lawsuit within 2 years if you think the denial was incorrect.   ... Read More

You should notify your auto insurance company about the lawsuit and send it the suit papers immediately.  Depending on what plaintiff's petition alleges against you, you may, and probably do, have insurance coverage for the lawsuit, notwithstanding the fact that your boyfriend is "not under [your] insurance."  If there is coverage for the lawsuit under the terms of your insurance policy, your insurer will be obligated to hire and pay a lawyer to defend you.  If it denies coverage, you should immediately hire a lawyer on your own.  Whether you rightfully owe money to the plaintiff or not, you have been sued, so you must timely file a properly drafted answer to the lawsuit or you will lose automatically by default.  Since you probably don't know how to draft or file an answer to a lawsuit, you'll need a lawyer to do those things for you. Good luck! ... Read More

You should hire counsel immediately to represent you in pursuing a claim against the at fault driver. Additionally,  you should not give any statements to the other sides insurance company and take photos of the car wreck before the repairs are completed    Stephen Black, 407-581-2581 licensed in Texas and Florida ... Read More

I am sorry to hear about this.  If the object in the drink caused you harm or damage, then you might have grounds for a lawsuit.  However, if it did not cause you any harm or damage and only "could have", you likely will not be successful with a lawsuit.  A lawsuit requires both a "harm" and "damages" and without those things, you will likely not be successful.  However, you might consider contacting the company and reporting this and they may offer you a small settlement or you can consult a local attorney.  Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

If you were officially denied benefits by Liberty Mutual, then you should have gotten a denial letter stating that you were denied and explaining why. Also, the letter should also outline how to submit an appeal and/or what actions can be taken next.  It should tell you that you are entitled to any documents that were considered by Liberty Mutual in their decision making process.  Also, you should read your disability policy in full.  It should also provide you information about appeals and what documents you are entitled to.  If the claim was denied, you likely are entitled to this information.  Re-read your policy (if you don't have a copy, request a certified copy) and consult your denial letter.  If you haven't gotten a denial or approval yet, probably wait and see what happens.   Best of luck. NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response.... Read More

I am sorry to hear about this.  If you are the only beneficiary policy was entered into while your dad was of sound mind and not under any duress, then you are likely the sole person entitled to the funds.  However, since it is being challenged by your brothers and you have been served with a restraining order advising you to not take any action with the funds, I must recommend that you obey the order until this matter is resolved.  Depending on the details of this matter, you may want to seek legal assistance.  Best of luck! NOTE: This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. ... Read More

This is very unfortunate but since you were not injured (thankfully) you should try and work something out with the Subway local store or headquarters..  You have to have damages in order to file a lawsuit and here, due to the lack of injury, you will probably not be successful with a lawsuit.  I would just be thankful that you were not injured and consider any kind of compensation or gift from the Subway as a lucky bonus.  It is very unfortunate that the knife was in the sandwich but damages are required for claims and lawsuits to be successful. Good luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this information.  ... Read More