How a Declaratory Judgment Action Impacts UM/UIM Cases in Texas

In a recent Texas Supreme Court decision involving the case Allstate v. Irwin, the court ruled that attorney’s fees are recoverable in UM/UIM (uninsured motorist/underinsured motorist) cases if the plaintiff files a declaratory judgment action. The issue stems from an April 6, 2016, car accident involving Daniel Irwin. Irwin sued Allstate, his insurance carrier, after...

Meloney Perry Discusses Forming Woman-Owned Law Firm Perry Law P.C. in Texas Lawbook

The importance of owning a law firm was always a goal for Perry Law P.C. founder Meloney Perry. For more than 8 years, Perry Law has successfully represented companies in insurance coverage and business litigation disputes. In a recent Texas Lawbook article, Meloney Perry discusses her journey of opening Perry Law P.C. in an article about woman-owned law firms.   Meloney Perry: Learning the Business “You had the movers and...

Texas Supreme Court Upholds Lower-Court Ruling on Discovery of Evidence in UIM Case

In another UIM case that involved a discovery dispute, the Texas Supreme Court denied State Farm Insurance Company’s petition for writ of mandamus to stop discovery of evidence on extracontractual claims, upholding a Fort Worth Court of Appeals and district court ruling on the matter. The case involves Paula C. Mentzer and her lawsuit against...

Texas Supreme Court Allows Deposition of Insurer Carrier’s Corporate Representative on Limited Basis

The Texas Supreme Court recently ruled in a UM/UIM insurance case that a deposition of an insurance carrier’s corporate representative is allowed but limited to issues related to the case. The opinion was drafted by Justice Debra Lehrmann, who acknowledged that individuals are allowed to solicit testimony from corporate representatives regarding damages; however, insurance carriers...

Texas Supreme Court Provides Road Map for Insurance Carriers on Electronic Signatures

The Texas Supreme Court recently entered an opinion on the use of electronic signatures in a case against a staffing company and its computerized hiring application process. According to the Texas Uniform Electronic Transactions Act, “an electronic record or electronic signature is attributable to a person showing ... the efficacy of any security procedure...

Supreme Court of Texas Clarifies Counter Affidavit Standards in Medical Cost Disputes

The Supreme Court of Texas recently defined standards for counter affidavits in a case involving a nurse disputing the plaintiff’s medical charges in a Chapter 18 affidavit. The court determined a counter affidavit requires no more than sufficient information to allow a prepared response from the plaintiff in a case. The court also established that...

Texas Supreme Court Issues Opinion in UM/UIM Case

On March 19, 2021, the Texas Supreme Court issued an opinion in a consolidated case addressing whether insured’s could sue their insurance companies for Insurance Code violations without establishing the negligence of the uninsured/underinsured driver, as well as the damages resulting from that negligence. In re State Farm Mutual Automobile Insurance Company and Joseph...

Celebrating Women, Remaining True to Our Identity  

As we celebrate Women’s History Month, we reflect on the trailblazers who opened doors for us in any and every industry. We all have challenges and success stories to share. As a female insurance coverage attorney and the founder of Perry Law P.C., one of my challenges comes from marketing my...

The New Normal: Adjusting to COVID in the Legal Profession

People across the country and the world are commemorating the first anniversary since widespread lockdowns began thanks to the COVID-19 pandemic. So much has changed in just one year. Most of us have made the necessary changes in our personal and professional lives to keep ourselves and others safe. The legal industry is no...

Meloney Perry Discusses Insurance Coverage in Light of Winter Weather

Texans faced power outages, property damage to their homes and damage to their vehicles from accidents as historic cold weather swept through the state last week. Many are working with their insurance companies to assess and fix the damage. Dallas insurance coverage attorney Meloney Perry of Perry Law P.C. advises that knowing your insurance coverage helps to understand what claims...