By CHAMBERLAIN McHANEY
Texas
Update loves Halloween, but we are not sure the feeling is mutual. We went trick or treating last year and
returned home with a bag full of restraining orders. And speaking of bobbing for apples...
INSURER GETS TWO BITES OF
THE APPLE: Husband turned in a claim to his auto insurer
for damage to the family auto. The
insurer took a recorded statement of the Husband which was not consistent with
the auto’s physical damage.
According to the insurer the physical evidence indicated multiple
impacts in unrelated incidents and paint transfers that did not match the paint
of the other vehicle that husband said was involved in the accident. The insurer asked for segregated EUOs of the Husband and Wife. H & W refused to give segregated
statements, but offered to give statements as long as they could do so in the
presence of one another. The insurer insisted on segregated statements. H & W sued the auto insurer for breach of
contract and a declaratory judgment of their rights and obligations under the
policy. The
The Texas Supreme Court handed
down no decisions this morning. We
suspect the justices are getting their costumes ready and lining up the kegs.
Many of our clients have requested that we include a photo of the editorial staff in our weekly missives. We have resisted this request in the past due to natural modesty, but have reconsidered. Here you go:
THE STAFF--2004
TEXAS UPDATE is brought to you as a service of this firm.
David E.
Chamberlain
Chamberlain McHaney
512.474.9124
Visit us at www.chmc-law.com