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Houston Car Accident News | Houston Insurance Claim News | Houston Business Litigation News

Part of being a successful Houston Law Firm involves keeping up with current events, following important Houston legal cases, and noting interesting court cases and lawsuits. At Durrett Law Firm, we like to keep our clients and readers informed with the latest Houston car accident news, Houston business litigation news, and Houston insurance claims news.

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Insurance Law

• 2011 Report on Insurance Payment Delays
  Dec 15, 2011

  Although I am not a big fan of the Huffington Post, this article accurately describes common delays involved in prcoessing insurance claims.

• Texas Consumer Complaints Against Insurance Companies
  Nov 08, 2011

  This article reveals the number of consumer complaints lodged against residential insurance carriers in Texas. It also discloses the market for each carrier. Generally, the carriers with the largest complaints in Texas (Farmers, State Farm and Allstate) also represent the residential insurers that my clients complain most about.

• Insurance Policy Limits Must Be Disclosed in Litigation
  Jul 27, 2011

  In this article, the Miami Herald reports that a judge ordered a Chinese drywall manufacturer to disclose its insurance policy limits to help plaintiffs and their lawyer evaluate a class action settlement. For years, Texas has had a procedure in place called a request for disclosure that allowed parties to discover insurance policies could provide indemnity for claims in the lawsuit. To invoke the process all a party has to do is make a formal request of the opposing party and all such insurance policies must be disclosed.

• TWIA An Untrustworthy And Incompetent Agency Harmful to Policyholders
  Apr 20, 2011

  Alex Winslow submitted an insightful essay about the problems surrounding the Texas Windstorm Insurance Association also known as TWIA. Mr. Winslow's essay was published in the Austin American Statesmen newspaper and is available at the link below.
  
  In my limited experience with TWIA, I have found them to be more disagreeable than most other insurance carriers. Reform is urgently needed; however, the reform the Legislature is considering strips insureds of their rights to obtain a just adjustment of their claim. The Legislature should establish a commission to study TWIA and propose an overhaul of its practices. Purchasers of TWIA's insurance policy have the right to expect TWIA to pay if a loss is sustained. Sadly, this is not the expection of policyholders after Hurricane Ike.
  
  As explained in a statement by the Texas Insurance Commissioner, Mike Geeslin, "Texas Windstorm Insurance Association is in a condition that makes its continuation in business hazardous to the public or to its policyholders, as it appears that its management does not have the experience, competence, or trustworthiness to operate TWIA in a safe and sound manner." We can only pray that the Legislature will see the true problem and that is the people and culture within TWIA. 

• New Wind Model Expected To Cause Insurance Rates to Rise in Texas
  Mar 02, 2011

  Newark, Calif.-based Risk Management Solutions announced a new wind model that is expected to cause rates to increase in hurricane prone states like Texas. "Claims analysis from Hurricane Ike reveals that roofs were damaged at much lower wind speeds than expected, given the understanding of construction quality and building codes," Dr. Claire Souch of RMS said in a statement. Dr. Souch's statement corresponds with the damage DLF has observed in its client cases.

• TDI To Oversee TWIA
  Mar 01, 2011

  The Houston Chronicle reports that state regulators are overseeing administration of the Texas Windstorm Insurance Association, and have challenged the competence of its management after determining it paid adjusters for work they didn't do and paid claims based on their reports.

   

• Hurricane Ike and the Texas Statutes of Limitations
  Sep 04, 2010

  Alot of TV lawyers have taken out billboards around Houston claiming that limitations will soon run on Hurricane Ike claims. "The End is Near." Well, maybe... At best, the billboards are misleading. Lawsuits may contain different causes of action. For example, in the insurance context, there are breach of contract claims, insurance code violations and breach of the duty of good faith and fair dealing. Each cause of action will have a separate period of limitations. Each cause of action period of limitations may start from a differnt time. If you think you have a claim, it is best to have an attorney review your facts and determine when the various statutes of limitation apply to your case.

• Homeowners Can Recover General Contractor's Overhead and Profit
  Aug 25, 2010

  NOLA.com is reporting on the insurance settlement reached in the Stephanie Press v. Louisiana Citizens Fair Plain Insurance Corp. case. In that case, the parties agreed that a Louisian homeowner can recover overhead and profit (typically 20% of total repair costs) when acting as their own general contractor. To act as your own general contractor, the homeowner must hire three separate trades, such as electrician, roofer and drywall installer. This acknowledgement is a victory for policyholders.

• Flood Insurance Is $8 Billion In The Red
  Aug 10, 2010

  The National Flood Insurance Program insures areas of high risk in coastal communities. Without this insurance, construction in these areas would be reduced. According to the Houston Chronicle article linked below, Texas receives more of this governement insurance program than any other state. The article describes the problems with the flood insurance program and identifies those with financial interests in seeing that the program continues.

• Kemah Orders Destruction of Ike Damaged Homes
  Aug 05, 2010

  Hurricanes cause a significant amount of destruction. Since Ike, nearly two years ago, most homeowners have received insurance settlements and repaired their homes. However, some homeowners have not repaired their homes. Some homes have not been repaired because insurance carriers have underpaid claims. Whatever the reason behind the lack of repair, Kemah believes that vacant structures are a danger to the community. For that reason, the city has taken steps to order the demolition and removal of vacant or damaged homes whose owners have not made the necessary repairs. Generally, this is a good law. Damaged and vacant homes attract vagrants and a criminal element, Kemah is better off without. By waiting for nearly two years, Kemah has provided the homeowner with a fair amount of time to find ways to deal with their loss that may not include insurance.

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