Houston Trial Lawyer Blog

More Workers Killed, Injured In Second Texas Natural Gas Pipeline Blast

Houston Personal Injury Attorney — Sat, 12 Jun 2010 08:59:35 -0600

On June 8th, a fatal natural gas pipeline explosion in Texas marked the second in as many days, as two men were killed in a remote part of the Texas Panhandle. The accident occurred near the rural town of Darrouzett, close to the Texas-Oklahoma border.

In addition to the two deaths from the blast, at least three other workers were injured, with one person being transported by helicopter to a hospital in Oklahoma City.

Media reports indicate that the workers accidentally hit an underground gas pipeline with a bulldozer while removing caliche from a pit. The work was being performed for a dirt-contracting company; caliche is a common ingredient used in construction cement, and is found in abundance in northern Texas on the Staked Plains.

As in the case of previous day's explosion southwest of Dallas, questions remain as to whether the crew was properly informed of the gas line's position, and whether the gas line itself was properly referenced on site maps and marked with warning signs on the ground.

Once again, experienced industrial accident attorneys will be a valuable resource to aid those who were harmed in the natural gas pipeline explosion.

Arnold & Itkin LLP stands ready to help if you or a family member has suffered a serious injury due to a catastrophic event. Call toll free at (866) 222-2606 or contact us online. We will arrange for a free consultation and provide a candid evaluation of your claim.

Texas Natural Gas Explosion Kills Utility Worker, Injures Others

Houston Personal Injury Attorney — Thu, 10 Jun 2010 09:17:45 -0600

Officials continue to investigate the circumstances that led to a tremendous natural gas explosion in northern Texas on June 7. The explosion left one person dead and injured several others.

Those killed and injured were part of a work crew assigned to dig holes for the installation of utility poles. They were digging for subcontractor C&H Power Line Construction Services, which in turn was hired by the Brazos Electric Cooperative.

Federal Occupational Safety and Health Administration (OSHA) representatives arrived early at the scene of the fatal accident, and other federal agency officials are expected to investigate, as well.

The blast, some 50 miles southwest of Dallas in rural Johnson County, erupted when the workers struck a 36-inch underground natural gas pipeline during their digging operations. What remains to be learned is why the crew were either unaware of the pipeline or mistaken as to its location, and whether the pipeline was properly marked to warn of its presence.

Nearby residents reported that they heard an initial, huge explosion, followed by a continuing roar, presumably generated by the rush of burning natural gas escaping from the breached pipeline. In the meantime, tremendous gouts of flame could be seen shooting skyward out of the ground.

The worker who was killed was 45 year-old James Robert Neese, of Ramona, Oklahoma. Authorities report that his body was found some 600 feet away from the blast site. Current information indicates that seven other members of the utility crew were transported to nearby hospitals. Some were later released, while others remained hospitalized in the explosion's immediate aftermath.

According to media reports, pipeline owner Enterprise Products Partners LP, of Houston, promptly detected the break in the 36-inch pipeline. Automatic valves shut off the gas flow, allowing the fire to burn out some two hours later. Until the fire was extinguished, emergency responders were unable to approach the area due to the intense heat.

The area where the blast occurred is a major petroleum drilling region, one criss-crossed by a substantial network of intrastate pipelines. According to the U.S. Energy Information Administration, Texas has some 45,000 intrastate natural gas pipeline miles, more than any other state. Including interstate natural gas pipelines, the figure exceeds 58,600 miles.

The intrastate network in Texas has experienced significant growth in the past several years due to increased demand for pipeline capacity caused by the rapid development and expansion of natural gas production in the Barnett Shale Formation of north Texas, the EIA says. The area of the June 7 blast appears to be located within the Barnett Shale Formation zone, although Enterprise Products Partners LP stated to the media that the pipeline at issue carries natural gas from western Texas to users in the eastern part of the state, as opposed to natural gas derived locally.

The primary question remains as to who is responsible for the massive explosion and the resulting death and injuries among the utility crew members, as well as any property damage caused by the blast. Significant concerns will be determining what steps were taken to ensure that the utility crew was properly informed of the location of natural gas pipelines or similar underground utilities prior to their digging operations, and whether the ruptured gas pipeline was properly mapped and marked to alert persons to its subsurface presence. Resolving those questions could lead to improved methods and procedures, thus enhancing safety for others working in the vicinity of potentially deadly natural gas pipelines.

Experienced industrial accident attorneys, with the skills and expertise to evaluate and pursue claims on behalf of injured parties, will be a valuable resource to aid those who were harmed in the natural gas pipeline explosion.

If you or a family member has suffered a serious injury due to a catastrophic event, call Arnold & Itkin LLP toll free at (866) 222-2606 or contact us online using the form on this page.

Arnold & Itkin LLP personal injury attorneys obtain $540,000 judgment on behalf of Plaintiff in injured in car accident

Houston Personal Injury Attorney — Thu, 18 Feb 2010 14:32:15 -0600

Arnold & Itkin LLP personal injury attorneys Mike Pierce and Paul Skrabanek obtained a $540,000 judgment on behalf of a Plaintiff involved in a car accident. The case arose out of a rear end collision in Houston, Texas. The Defendant driver worked for Kilgore Mechanical, and the jury returned a verdict against the driver and Kilgore Mechanical. The Plaintiff suffered a neck injury that required her to undergo surgery.

Houston maritime lawyer Mike Pierce of Arnold & Itkin LLP settles fisherman's back injury case for $650,000

Houston Personal Injury Attorney — Thu, 18 Feb 2010 12:27:45 -0600

Houston maritime lawyer Mike Pierce of Arnold & Itkin LLP successfully reached a $650,000 settlement on behalf of a crab fisherman injured when a hydraulic system aboard his vessel malfunctioned, causing a crab pot to strike the fishermen. The fisherman suffered nonsurgical injuries to his lower back. The case was filed in the United States District Court for the District of Oregon.

Deckhand with neck injury retains Arnold & Itkin LLP for maritime personal injury lawsuit against Cenac Towing Company LLC

Houston Personal Injury Attorney — Wed, 17 Feb 2010 16:18:33 -0600

Brad Nelton, a resident of Oklahoma, has retained Arnold & Itkin LLP to represent him in a maritime personal injury lawsuit against Cenac Towing Company, LLC. On March 22, 2009, Mr. Nelton severely injured his neck when Cenac ordered him to perform his work in an unsafe manner and without proper equipment. At the time of his injuries, Mr. Nelton was a deckhand working aboard the M/V MARIE CENAC.

Despite Mr. Nelton's continuing need of medical treatment, Cenac threatened to terminate his maintenance and cure without justification. As a result, Arnold & Itkin LLP brought a lawsuit on Mr. Nelton's behalf in the United States District Court for the Eastern District of Louisiana.

Arnold & Itkin LLP obtains $600,000 for maritime worker in un-operated neck injury case

Houston Personal Injury Attorney — Tue, 16 Feb 2010 11:38:03 -0600

Arnold & Itkin LLP maritime lawyers Paul Skrabanek and Kurt Arnold obtained $600,000 on an un-operated neck case. Specifically, the plaintiff was working as a deckhand when he tripped and fell over a large hose lying in the middle of the deck. The plaintiff injured his neck as a result of the fall. The case was settled three months in advance of the trial setting and after only one deposition.

Arnold & Itkin LLP files case on behalf of injured Jones Act seaman against BP and MISWACO in Galveston County

Houston Personal Injury Attorney — Fri, 29 Jan 2010 02:56:49 -0600

Houston maritime lawyer Kurt Arnold filed a lawsuit on behalf of an injured Jones Act seaman from Cottonport, Louisiana. He was employed by MISWASCO and assigned to BP's THUNDERHORSE off the coast of Texas. He was injured on October 22, 2009 as a result of the decision by BP's order to fill tanks full of solid quick seal. As a result, he was injured and herniated 4 discs in his neck. Arnold & Itkin LLP Jones Act lawyers filed suit on his behalf in Galveston County.

Arnold & Itkin LLP won more than $100 Million in settlements and verdicts for our clients in 2009

Houston Personal Injury Attorney — Fri, 29 Jan 2010 02:23:47 -0600

In 2009, Arnold & Itkin LLP's trial lawyers continued their proven track record of winning cases. In fact, the firm won more than $100 Million in verdicts and settlements last year. We plan to build on last year's success by continuing to fight for those people who have suffered catastrophic personal injuries or been harmed in bad business deals.

Video Highlight: Business Lawyers - Arnold & Itkin LLP

Houston Personal Injury Attorney — Wed, 06 Jan 2010 14:13:26 -0600

In a new video released today, the business litigation law firm of Arnold & Itkin LLP addresses the importance of their work and how to choose the right lawyer to represent your business. Trial lawyers Jason Itkin and Kurt Arnold discuss what distinguishes a true trial lawyer and list some of the many types of business litigation matters the firm handles. In the video, you'll also hear from actual clients and learn why they chose Arnold & Itkin LLP to represent their business concerns.

Business litigation attorneys at Arnold & Itkin LLP represent plaintiffs in complex business disputes and victims of serious injury or harm caused by the negligence or misconduct of another person or company.

Toxic and legal fallout from Houston-area plant explosion

Houston Personal Injury Attorney — Wed, 09 Dec 2009 16:03:28 -0600

At approximately 8:45 a.m. this morning, a massive explosion issuing from the American Acryl plant in Pasadena, TX, rocked the residents of the Houston suburbs of Pasadena, Clear Lake, Seabrook, Bacliff, Dickinson, Friendswood, La Marque, League City, San Leon and Texas City.

Officials in Pasadena and Seabrook ordered residents to remain indoors after it was discovered that the explosion was caused by a tank of toluene – a toxic petroleum byproduct used in the manufacturing of paint, adhesives, and many common household items such as hand lotion and baby diapers.

Although there were some reports of minor burns, at this time it appears as though there were no significant injuries. Company officials said they have accounted for all their employees, although two employees were taken to Memorial Hermann Hospital Southeast as a precaution due to breathing problems. One has since been released.

According to the U.S. Department of Health and Human Services' Agency for Toxic Substances & Disease Registry, toluene is a central nervous system depressant that can cause severe neurological harm. Although it is colorless, the chemical does have a distinctive, acrid smell. In low to moderate levels, toluene exposure can cause tiredness, confusion, weakness, memory loss, nausea, intoxication, loss of appetite, loss of hearing and color vision loss. These symptoms usually disappear soon after the exposure ends. Higher levels of toluene exposure can affect the kidneys, while prolonged, excessive exposure can cause unconsciousness and even death.

Persons in Seabrook reported a chemical smell permeating the air around 9:40 a.m.

American Acryl sought permission to build the $150 million chemical production plant in the Bayport industrial district of Pasadena in 2000. American Acryl, formed in 1997, is a joint venture between NA Industries Inc. and Atofina Chemicals Inc., who are the North American subsidiaries of Nippon Shokubai and www.total.com/

The plan to locate the plant so close to the popular resort community of Seabrook angered many area residents. However, the State of Texas judged the economic benefits of the facility to outweigh any potential danger or adverse environmental impact. The State even offered to sell “pollution credits” to American Acryl, which allowed them to exceed the normal allotment of pollution emissions.

Pollution credits, also known as emissions trading, is the common practice of chemical plants that create less pollution emissions than what is allowed by law to sell their excess allotment of emissions under the pollution cap to plants who create more than their allotment of pollution.

The question on many local residents’ minds must be, who is responsible for this disaster? Is it the American Acryl for not implementing sufficient safety or maintenance protocols? Perhaps it was the manufacturer of the tank or other equipment. Should the State or local government be held responsible for allowing a dangerous chemical production plant that exceeds emissions standards to be placed so near a popular residential and resort area?

Industrial accident lawyers specializing in plant explosions and toxic exposure will almost certainly be watching this situations as it develops and will be ready to assist residents or workers harmed by the explosion.

Don't text and drive

Houston Personal Injury Attorney — Mon, 19 Oct 2009 14:54:30 -0600

Virtually everyone has seen it at some point … and many have done it: sending a text message (or reading an e-mail through a mobile phone) while driving a vehicle.

It doesn’t take an attorney or judge to figure out the consequences of such an action. Reading and typing messages through a phone require several seconds of visual concentration on the phone … which automatically means that those seconds are being spent focused on something other than the road and the vehicles driving on it, or pedestrians walking nearby and crossing the road.

This past spring, a 24-year-old man took it one step further, when he admitted to text-messaging his girlfriend while operating a Massachusetts Bay Transit Authority (MBTA) train seconds before a train accident that left more than 60 people injured. Aiden Quinn has entered a plea of not guilty in Suffolk Superior Court, but faces up to three years in prison and up to a $5,000 fine if found guilty of “gross negligence by a person in control of a train” … a little-known statute that rarely, if ever, has been brought into play in Massachusetts courts. Two of the victims brought individual civil lawsuits against Quinn and the MBTA.

Train accidents are fairly rare, meaning a train accident lawyer is a highly specialized professional who understands the specifics of the industry and the relevant laws more than other attorneys without train accident-specific experience and training would. In the case of Quinn, his attorney said the case is being prosecuted under the wrong statute, because the current statute is an antiquated law that was written during an entirely different era of transit with completely different responsibilities and challenges facing drivers. A Suffolk District Attorney spokesman said the statute, which was enacted in 1784, “is clearly every bit as relevant as today" as it was when the law was written.

Following the accident, the MBTA implemented what is considered perhaps the most rigid mobile phone policy in the country, a rule that prohibits its drivers from even carrying any electronic device on a bus or train. Two employees have been fired, and a third disciplined, for violating the policy.

The case is expected to prove costly, both in terms of trying the case and also in damages if Quinn is found guilty. If that happens, it wouldn’t be surprising to see numerous other transit authorities around the country adopting similar no-mobile phone policies, if they haven’t already. But the case also involves certain rail-specific statutes, underscoring the need for train accident attorneys for representation on either side of the case.

Truck Accident Lawyers from Arnold & Itkin LLP File Suit on Behalf of Man Struck by an 18-wheeler Truck

Houston Personal Injury Attorney — Tue, 25 Aug 2009 18:46:11 -0600

Truck accident lawyers Kurt Arnold and Paul Skrabanek filed suit on behalf of a man struck by an 18-wheeler truck owned by JP Steel LLC. The plaintiff was driving near Brookshire, Texas when the truck driver made an illegal turn and struck the plaintiff head on. The incident required that the plaintiff be airlifted from the scene and ultimately required that he have five screws implanted in his severely injured legs. Unfortunately, the plaintiff also suffered injuries to his chest and lungs. The suit is pending in Harris County, Texas.

Industrial Injury Lawyers from Arnold & Itkin LLP and The Wyly Law Firm Recover $875,000 for a Severely Burned Worker

Houston Personal Injury Attorney — Tue, 25 Aug 2009 16:28:07 -0600

Industrial injury lawyers Kurt Arnold and Paul Skrabanek from Arnold & Itkin LLP and Brad Wyly from the Wyly Law Firm recovered $875,000 for a worker who suffered catastrophic burns to his head and body. The settlement was recovered from a major oil company and fuel delivery company. Suit arose because the delivery company and oil company delivered diesel fuel to the worker's jobsite that was contaminated with gasoline. That type of contamination renders the diesel fuel extremely volatile. Consistent with that, the worker went to check the diesel level and the diesel ignited engulfing the worker in flames. The suit was pending in the 125th District Court in Harris County, Texas before judge Kyle Carter.

Mississippi Couple Sues USAA for Katrina Insurance Dispute

Houston Personal Injury Attorney — Wed, 10 Jun 2009 10:21:01 -0600

A Mississippi couple is suing USAA for refusing to pay out their $1 million homeowners claim. USAA argues the family's home was damaged by water rather than wind, which is not covered in their policy.

The home of Margaret and Magruder Corban was damaged during Hurricane Katrina in 2005. Upon filing their insurance claim, they found that USAA was only willing to pay them $40,000 for wind damage and $40,000 in other coverage. The Corban's insist their home was destroyed by wind before the storm surge came through and USAA should, therefore, pay out their entire $1 million claim.

Many insurance companies maintain that their homeowners policies cover wind damage from a hurricane, but not the rising water that often comes with it. They also use overly general language like "anti-concurrent cause" to explain that damage from both wind and water are not covered by the policy.

While a Mississippi District Judge ruled this clause "ambiguous" and unenforceable in an earlier case, a New Orleans court of appeals reversed the ruling. Lawyers for USAA say the court should follow precedent and deny coverage for combined wind and water damage. The Corban's lawyer, on the other hand, says the precedent is not upheld in Mississippi due to the earlier decision and ultimate appeal outside of Mississippi.

Many insurance disputes arise from the extreme damage done to homes during hurricanes. When a home is reduced to a slab, who's to say what caused the damage, wind or water? In the Corban's case, USAA maintains the damage done to the first floor of their property was caused by water. Unfortunately, there may be no way to tell what the actual cause was for the damage.

Sidestepping Insurers

Many insurance companies use ambiguous language, technicalities, or any tactic available to free themselves from the financial responsibility they have to their policy holders. While it seems USAA may have attempted to meet the Corban's half way by paying for damage to the second story of their house, which they agree was caused by wind, the Corban's could very well deserve to be paid out for the entire house.

Aside from figuring out how to decide whether wind or water damaged a home during a hurricane, maybe insurers should be more clear in their policies about what qualifies as wind and water damage. Some insurance dispute attorneys would even argue that insurers not be allowed to specify wind damage as the only hurricane damage covered in a policy. We all know that with hurricane winds comes water, and separating the two often seems like an unfair safety net for insurers.

Countrywide CEO Charged with Securities Fraud

Houston Personal Injury Attorney — Tue, 09 Jun 2009 03:48:41 -0600

In a step that has securities attorneys and law experts all praise for the Securities and Exchange Commission, former Countrywide Financial Corp. chief executive Angelo Mozilo has been charged with securities fraud.

The SEC has charged Mozilo, former chief operating officer David Sambol, and former chief financial officer Eric Sieracki with misleading investors about risks the company took to increase its market share. The three have been accused of falsely telling investors Countrywide Financial avoided underwriting risky loans. According to Robert Khuzami, the SEC’s enforcement director, Countrywide Financial promoted its image as a company that used “high underwriting standards” and was engaged in underwriting prime quality mortgages. However, behind the scenes, the company functioned recklessly, taking on high risks.

According to the SEC, Mozilo also made $140 million selling Countrywide financial shares around the same time he, in email messages, referred to the company’s loan products as “toxic “ and “poison”. The agency, which cited these emails, says they proved Mozilo mislead investors about the company’s risky lending practices. Mozilo has been charged with insider trading, because he sold Countrywide stock based on “non public information”.

The civil suit filed by the SEC is one of the most important filed against people involved in the mortgage crisis. Countrywide was the country’s largest mortgage lender and was heavily engaged in offering housing loans to high risk borrowers.

The company also faces a class action lawsuit filed by several New York City pension funds that have lost tens of millions of dollars because of the company's recklessness.

The SEC, in recent years, has seen its reputation erode as a result of the financial crisis. It has been heavily criticized by securities attorneys for its failure to enforce federal securities laws. However, the agency, under new leadership, has been embarking on a campaign to clear its reputation and add more bite to its enforcement actions.

Jittery Insurers Back Out of Hurricane Insurance Coverage, Consumers Suffer

Houston Personal Injury Attorney — Mon, 08 Jun 2009 14:41:53 -0600

Homeowners across the country and especially in the Gulf Coast region can look forward to a long and tough hurricane season. The reason? Homeowners are finding it harder to hold on to their hurricane insurance policies.

Insurers across the U.S. are raising premiums and dropping coverage to limit their exposure to risks. As a result, homeowners are finding that insurance is not only more expensive, but also more difficult to get. According to the Insurance Information Institute, homeowner policy premiums have risen by 3 percent across the country. The increase is even greater in the Gulf Coast region where the impact of hurricanes tends to be maximized.

Last year, state Farm Insurance Company and AllState Corp raised premiums in Texas, blaming a high number of hurricane insurance claims as the result of Gustav and Ike, for the increase.
llinois-based AllState has also raised deductibles and stopped offering coverage in some coastal areas.
State Farm Florida could soon pull out of the Florida market because it was denied its request for a 47 percent rate increase.
According to the Insurance Information Institute, insurers have seen record losses in Texas, Louisiana, Mississippi, and Florida over the past five years. In these areas, premiums have risen sharply.

The National Oceanic and Atmospheric Administration has forecast between 9 and 15 named storms in 2009, including between 4 and 7 hurricanes. Of these hurricanes, between 1 and 3 will likely be major. However, forecasters are also predicting fewer hurricanes than last year. That should be good news for homeowners in hurricane-prone areas.

Insurers Backing out of Hurricane Coverage

Insurers are blaming devastating financial losses from powerful hurricanes over the past five years, as well as the current turmoil in the financial markets, for impacting their earnings. Companies use financial investments as an additional source of income to fall back on when they have huge claims to pay out. Most of the major insurers have reported huge losses due to a decline investment income.

For worried homeowners it does not really matter why an insurer would back out of an agreement. With insurers getting antsy about paying claims, and large numbers of Ike lawsuits still pending in the courts, we can expect more people to need insurance attorneys once November comes and the season ends.

SEC Asks for Congressional Authority to Seek Civil Penalties for Investment Fraud

Houston Personal Injury Attorney — Fri, 05 Jun 2009 10:28:08 -0600

The Securities and Exchange Commission (SEC) is hoping Congress will increase its authority to seek civil penalties for investment fraud.

The Agency's Director of Enforcement, Robert Khuzami, testified before the Senate Banking Subcommittee on Securities and said the SEC would like to have increased authority to impose penalties on those who help defendants in violation of the Investment Advisers Act. Khuzami also told the Senate the agency needs the authority to subpoena people in civil cases across the country. This would save the agency travel expenses as well as staff resources, because duplicate depositions would be avoided. Khuzami also pointed out several areas in the enforcement division that need more resources. The agency would benefit, he said, from hiring more trial lawyers, as well as chief operating officers to manage the division. He also asked for more resources in the form of enhanced paralegal and administrative support, as well as better technological resources.

Khuzami spoke to the panel in response to a report by the Government Accountability Office, which made suggestions for enhancements in SEC operations. The report analyzed agency operations and found there was a delay in cases and lowered settlement amounts in investment fraud cases, because of outdated penalty policies. Under one of these policies agency enforcement staff was forced to obtain approval on a settlement before discussing penalties with public companies. That policy was revoked by SEC Chairman Mary Schapiro.

The agency has also suffered from a shortage of staffing and resources, resulting in a backlog of cases. Since the Bernard Madoff investment fraud was exposed last year, the SEC has come under increased pressure to enhance its operations. The appointment of Khuzami was one of the first moves Schapiro made to strengthen the division.

Attempts at SEC Improvement

Last month we discussed other moves that could strengthen the SEC and fine tune its ability to crack down on investment fraud much faster. These include the proposed formation of specialized teams to deal with specific frauds. The SEC is also proposing increased cooperation with criminal authorities and enhancing the management model currently in place at the agency.

It may be a while before these proposed measures actually move toward becoming implemented at the agency, but securities attorneys, who have been critical of the agency's failures to crack down on investment fraud, believe any enhancements are worth the wait.

Texas Oil and Gas Royalty Trial Begins

Houston Personal Injury Attorney — Thu, 04 Jun 2009 12:16:08 -0600

An oil and gas royalty trial has begun in Texas and jurors will be asked to decide if the defendant owed the plaintiff royalties or if the plaintiffs committed fraud.

M & M Resources and Energy Land Resources filed a lawsuit against DSTJ Corp in 2006, claiming the former had not received 7 months of oil and gas royalties on an area well that was later shut down. The 21 oil and gas leases were assigned to DSTJ for a .5 percent royalty. Of those leases, four were located in a region of land owned by several residents of Jefferson County, known as Blackman Tract. DSTJ, according to court papers, conducted drilling operations at the well, which was functional from October 3rd until the time it was sealed by the Texas Railroad Commission in March 2004. M & M Resources allege that DSTJ failed to pay any royalties to them despite their drilling operations and production from the Quail well. According to the lawsuit, this failure constituted a default of obligations under the contract.

In response, DSTJ filed a countersuit which alleges M & M Resources was “engaged in shady dealings”. The countersuit also alleges M & M included “improper lease provisions” in the agreement, effectively preventing DSTJ from pooling the tract. DSTJ claims it had to shutdown the well due to the fraudulent inclusion of the lease provisions.

Jurors will now have to decide whether M & M Resources' alleged fraud led to the well being shutdown or if DSTJ should pay M & M Resources oil and gas royalties for the 7 months between October 2003 and March 2004, when the well was functioning.

Oil and Gas Companies May Deny Royalties

Denying royalties can be done in a number of ways. Oil and gas companies may report production levels that are much lower than the actual figures in order to avoid paying royalties. They may also inflate post production expenses to wriggle out of having to pay royalties.

Landowners in Texas who lease their lands for drilling have very few options when they are denied the royalty payments that are rightfully theirs. That is because, in Texas there is no single authority in in charge of ensuring that landowners receiver their dues. Due to the lack of such authority, owners are often at the mercy of oil and gas companies who may delay and deny royalty payments. In such cases, owners may have no other option but to consult with an oil and gas attorney to receive the royalties due to them.

Former Justice Sues AllState for Breach of Contract, Denying Homeowner's Insurance Policy Claim

Houston Personal Injury Attorney — Tue, 02 Jun 2009 10:34:09 -0600

It is not just the ordinary American who needs insurance attorneys to help deal with disputes with insurance companies. A former Wisconsin Supreme Court Justice filed a lawsuit against AllState for its refusal to pay out a homeowner's policy claim.

Former Justice, William Bablitch, and his wife are suing the company for its refusal to pay $65,000 to cover damage to their Hawaii vacation home. According to the lawsuit, the home suffered water damage last year. When the Bablitches approached AllState to claim their policy benefits, they were denied their claims. The lawsuit alleges the company breached the contract in refusing to pay out the claim and is acting in bad faith. The company denies those charges and says it is acting reasonably in the claim.

What is an Insurance Policy?

An insurance policy is basically a contract between the customer, who is the insured party, and the insurer or insurance company. This contract defines the obligations of both parties. When either party fails in their duty to fulfill the obligations, they are said to be in breach of contract. When the insurer does not fulfill their obligations as specified under the contract, the insured party can file a lawsuit against the company for breach of contract.

Any policy holder who seeks to recover damages for breach of contract must prove that:

The contract was in force at the time of the damage.
They were fully in compliance with the terms of the contract.
The insurance company breached the terms.

The policy holder here may be able to recover not only the policy benefits, but also any consequential damages that result from the breach of contract, including costs of the lawsuit. Attorneys frequently represent people who have been denied claims by their insurance company.

Hurricane Season is Here

With hurricane season in full swing and insurance companies still recovering from what has been one of the busiest and most disastrous hurricane eras in recent history, you can bet many insurers will delay and deny as many claims as they can get away with. The fact remains, if you submit a legitimate claim for damages caused to your home in a hurricane, it is your insurers responsibility to uphold their end of the agreement and pay out your claim.

Jefferson County Man Sues Blake Borel Insurance and Chase Home Finance

Houston Personal Injury Attorney — Mon, 01 Jun 2009 18:46:46 -0600

After Hurricane Rita caused $80,000 of damage to his home, Christopher Whiddon called Blake Borel Insurance to make a claim, only to find out he was no longer covered.

When Whiddon bought his home in May 2004 he financed the purchase through Bank One, which is now Chase Home Finance, and bought windstorm and fire insurance from Texas Select Lloyds Insurance Company via his insurer Blake Borel Insurance. Whiddon was under the impression that the payments for the windstorm and fire insurance would be escrowed.

According to the complaint, however, Whiddon's insurance expired in December of 2004 and was not renewed. He trusted Chase would maintain the coverage agreed upon and, because they did not, he was forced to pay for the repairs himself. This caused loss of and damage to Whiddon's credit and credit reputation. According to The Southeast Texas Record, "He also incurred interest and finance charges, experienced a diminished or reduced market value of his home, paid for repairs and remediation, incurred engineering and consulting fees and paid for temporary housing..."

Chase and Blake Borel have been accused of:

violating the Texas Deceptive Trade Practices
acting unconscionably
breaking the Texas Business and Commerce Code
unfair claim settlement practices
misrepresenting an insurance policy
unfair and deceptive acts
common law fraud
negligence
breach of contract

With hurricane season here, it is important to make sure you have the coverage you need to protect your home and family. In the unfortunate case that your home is damaged in a windstorm, being able to depend on your insurer is essential in recovering from those damages. Unfortunately, there are cases in which the entities you thought were protecting you are taking advantage of you or simply falling down on the job. In this instance, an insurance attorney can help you understand your rights and make sure your claim is rightfully paid out.