Insurance FAQ | Texas Family Law Powerhouse

Question 1

Can a Texas court strike or replace an insurance appraisal umpire?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In Re Germania Farm Mutual Insurance Association. Parties cannot disqualify a court-appointed professional—such as a custody evaluator or receiver—based on vague reputations or prior adverse rulings in unrelated cases; disqualification requires specific, admissible proof of bias or partiality within the current litigation.

Question 2

Can I sue my insurance company for bad faith in Texas without proving breach of contract?

Accepted Answer

This question has been addressed in 2 Texas court opinion(s), including David and Rebecca Bowen v. Texas Fair Plan Association. Always cross-reference your summary judgment evidence with your most recent Rule 194.2 expert designations; amending your witness list to "clean up" for trial can accidentally de-designate the experts you need to survive a no-evidence motion, resulting in the exclusion of their testimony.

Question 3

Do I have to complete an Examination Under Oath before suing my insurance company in Texas?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In re Allied Trust Insurance Company. To successfully abate a case for non-compliance, you must first secure a court order defining the 'parameters of performance'; mere disagreement over the format of discovery (such as in-person vs. Zoom for a traumatized party) creates a factual dispute that prevents abatement from becoming mandatory.

Question 4

Does windstorm or hail deductible apply to tornado damage in Texas homeowners insurance?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Privilege Underwriters Reciprocal Exchange v. Mankoff. Draft with extreme precision: Texas courts will apply the broad 'plain meaning' of undefined terms in MSAs and decrees, regardless of whether a creative argument or external statute suggests a narrower interpretation. If you want a specific asset or expense excluded from a general category, you must explicitly define that distinction within the four corners of the document.

Question 5

How do Texas courts determine if an insurance policy term is ambiguous?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including Privilege Underwriters Reciprocal Exchange v. Mankoff. Draft with extreme precision: Texas courts will apply the broad 'plain meaning' of undefined terms in MSAs and decrees, regardless of whether a creative argument or external statute suggests a narrower interpretation. If you want a specific asset or expense excluded from a general category, you must explicitly define that distinction within the four corners of the document.

Question 6

What are the disclosure requirements for insurance arbitrators in Texas?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In Re Germania Farm Mutual Insurance Association. Parties cannot disqualify a court-appointed professional—such as a custody evaluator or receiver—based on vague reputations or prior adverse rulings in unrelated cases; disqualification requires specific, admissible proof of bias or partiality within the current litigation.

Question 7

What is the Germania Farm Mutual Insurance case about?

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In Re Germania Farm Mutual Insurance Association. Parties cannot disqualify a court-appointed professional—such as a custody evaluator or receiver—based on vague reputations or prior adverse rulings in unrelated cases; disqualification requires specific, admissible proof of bias or partiality within the current litigation.