Published Opinions

Muniz v. State Farm Lloyds, 974 S.W.2d 229 (Tex. App.-San Antonio 1998)

We obtained a summary judgment on behalf of State Farm Lloyds on the insurance bad faith claims. The insureds appealed, and the appellate court upheld the summary judgment.

 

Reser v. State Farm Fire and Casualty Company, 981 S.W.2d 260 (Tex. App.-San Antonio 1998)

Insured brought a breach of contract action against State Farm alleging the carrier has violated its duty to defend him after the carrier withdrew its defense. We obtained a summary judgment at the trial court level, and this was affirmed on appeal.

 

Kathendahl v. State Farm Fire and Casualty Company, 961 S.W.2d 518 (Tex. App.-San Antonio 1997)

The insured’s wife had sued him for various tort claims, and State Farm initially provided a defense under a reservation of rights. State Farm later withdrew the defense and the insured sued for breach of the duty to defend. Summary judgment was affirmed on appeal.

 

Bell v. State Farm Insurance Company, 940 S.W.2d 368 (Tex. App.-San Antonio 1997)

Public adjuster sued group of State Farm companies alleging tortious interference with contractual relation between him and his clients. Summary judgment was granted in favor of Defendant Plaintiff had sued in its trade name. The court of appeals upheld our summary judgment and held that Plaintiff could not substitute the correct party.

 

Fuentes v. TEIA, 757 S.W.2d 31 (Tex. App.-1988)

This is perhaps the earliest bad faith case in which a carrier obtained a summary judgment on the "reasonable basis" defense. The worker’s compensation carrier had refused to pay benefits based on medical reports it had received. The trial court granted the carrier’s Motion for Summary Judgment, and the Court of Appeals held the carrier had a "reasonable basis" for denying payment of benefits, and accordingly did not breach its duty of good faith and fair dealing.

 

Campos v. State Farm Gen. Ins. Co., 943 S.W.2d 52 (Tex. App.-San Antonio 1997)

Insured’s attorney had failed to designate himself as an expert on attorney’s fees. The Court of Appeals upheld trial court’s decision to strike attorney as expert.

 

Saunders v. Commonwealth Lloyd’s Ins. Co., 928 S.W.2d 322 (Tex. App.-San Antonio 1996)

Innocent spouse brought bad faith action against carrier who refused to pay her claim for loss from fire that destroyed her and her husband’s home. The trial court granted summary judgment and the Court of Appeals affirmed, holding that the carrier had a reasonable basis to deny the claim because then existing case law indicated that an innocent spouse could not recover in that situation.

 

Barnes v. First Victoria National Bank, et al, 878 S.W.2d 666 (Tex. App.-Corpus Christi 1994)

An attorney in Victoria sued a bank and numerous local attorneys alleging conspiracy, defamation and various other torts. The trial court dismissed Plaintiff’s action after Plaintiff failed to comply with court’s order increasing bond. The appellate court affirmed.

County of Maverick v. Texas Association of Counties, and Nutmeg Insurance Company, 852 S.W.2d 700 (Tex. App.-San Antonio 1993)

County sought defense and indemnity from public liability carrier in suit for wrongful termination. After insurer withdrew the defense it had been providing under a reservation of rights, county sued for breach of contract and bad faith. Insurer obtained a summary judgment in Maverick County, and appellate court agreed that under the terms of the policy, carrier had no duty to defend or indemnify, and upheld the award of attorney’s fees to the carrier.

 

Marquez v. State Farm Lloyds of Dallas, Texas, 838 S.W.2d 828 (Tex. App.-San Antonio 1992)

Two women owned a small boutique in Eagle Pass, which was badly damaged by fire. The women sued the carrier, which denied the claim on the basis the women had either set the fire or caused the fire to be set. After a Maverick County jury found in favor of State Farm, the insureds appealed, and the Court of Appeals affirmed the verdict in State Farm’s favor.

 

Aetna Casualty & Surety Co. v. Specia, 849 S.W.2d 805 (Tex. 1993)

Aetna successfully sought writ of mandamus directing trial court to vacate order excluding certain witnesses.

 

State Farm Lloyds v. Polasek, 847 S.W.2d 279 (Tex. App.-San Antonio 1992)

Appellate court reversed trial court’s finding that carrier had committed bad faith in denying insured’s claim. The insureds owned a video rental store in Poth, Texas, that was destroyed by fire. The claim was denied on the defense that the insureds had committed arson. The Court of Appeals found there was no bad faith as the carrier had a reasonable basis for denying the claim.

 

Jimenez v. State Farm Lloyds, 968 F.Supp. 330 (W.D. Tex. 1997)

Trial court granted carrier’s summary judgment motion on insured’s action for breach of contract and bad faith. Judge H.F. Garcia found the insured’s claims for foundation damage were excluded from coverage.