Dallas Insurance Law Blog

Although it did not happen here in Texas, a story about a fatal fire on Christmas day that took the lives of five victims and grabbed national attention has taken another tragic turn. Reportedly, the insurance company that covers the construction outfit that was renovating the house has recently denied insurance claims relating to the disaster. Unfortunately, this is an all too common tale, although it is not usually so heart-rending.

On this past Christmas Day, a fire that appears to have been caused by discarded fireplace ashes took the lives of 7-year-old twin girls, a 9-year-old girl and their grandparents. The fireplace ashes were apparently placed near an entry by the man who was the owner of Tiberius Construction, which was renovating the home. Utica First Insurance Co. covers the construction company, but is now saying that the man who owns the outfit misrepresented it. Because of his misrepresentation, the insurance company claims, Utica is not obligated to pay anything.

Texas residents may be interested in the outcome of a lawsuit that an elderly woman won against an insurance company. The woman moved into a long-term care facility in 2008, and she began receiving benefits from the insurance company at that time under the terms of a policy she and her husband took out over a decade earlier. However, those benefits were denied in 2010, setting the stage for the lawsuit. Fortunately, when insurance companies deny legitimate claims, legal options are often available.

In this case, the woman and her husband bought a long-term care policy in 1997 from a company that was called Mutual Protective Insurance. Her husband died a year later, but she continued to pay the premiums on the policy. However, the company was sold multiple times until it was finally bought by Ability Resources Inc. and renamed to Ability Insurance Co. in 2007.

Accidents causing personal injury can happen unexpectedly, which is why it is so important for companies and individuals to have insurance. Unfortunately, insurance companies do not always pay out, and instead quibble over the definition of certain words in their policy. That is reportedly what happened to model and fashion editor Lauren Scruggs, who received a personal injury from a propeller last year.

The accident happened at a private airport north of Dallas, Texas on Dec. 3, 2011. Scruggs was exiting the propeller plane, but the pilot had left the propellers running as she did so. She subsequently suffered a serious accident after the propeller sliced off her left hand. Doctors also had to remove her left eye weeks later.

As some readers may be aware, the Houston Livestock Show and Rodeo carnival recently took place. Such carnivals are often fun to attend, and those who manage them certainly try their best to ensure that the rides are as safe as possible. Unfortunately, premises liability accidents due to mechanical or design defects do happen, causing injury to others.

One such accident happened on March 14 after a young Texas girl fell off a ride known as the "Techno Jump." After struggling to hold on to the ride, the girl was flung out away from it. It was not known how she eluded the seat belt and lap bar restraints despite a video recording of the incident. Fortunately, it appears she suffered only a concussion, but head trauma can lead to unexpected injuries and it certainly could have been much worse.