Legal Question in Consumer Law in Texas

Auto Insurance Contracts

My truck was stolen late MAY 2008. Claim was filed 1JUN2008. To date, my insurance company has not paid the claim. I have enacted a appraisal clause, paid for outside appraisal yet they are not communicating with the Appraiser. A month ago they were supposed to go to an umpire for settlement. Nothing is being done. Do I have just cause to sue for their lack of timeliness? Their procrastination is causing me to continue to pay the loan and the insurance to cover a vehicle stolen over 5 months ago.


Asked on 11/18/08, 12:35 pm

2 Answers from Attorneys
Scott Kinsel Law Offices of Scott C. Kinsel, P.C.

Re: Auto Insurance Contracts

In Texas there are several different claims for Bad Faith insurance practices. There might also be a specific remedy in the insurance contract for non-performance, which is arguably a breach of that contract.

Scott Kinsel PC

Moore Landrey LLP

Personal Injury Attorney

DWI Defense

http://www.moorelandrey.com/ML/ScottCKinsel

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Answered on 11/18/08, 12:51 pm
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Auto Insurance Contracts

Based on what you have written, it appears that you may have a claim for bad faith. More specific facts would be required on your situation so as to fully develop it out. Additionally, it appears that you may have a claim for breach of contract against your insurance company. You would need to file a suit to protect your interests and rights. If my local law firm can assist you with this legal issue or any other legal matter, please contact my paralegal Tina ([email protected]) to arrange for an intial consultation.

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Answered on 11/21/08, 3:26 pm


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