Originally published by Chip Merlin.
Insurance companies in Texas are one of the most litigious entities, filing lawsuits and making tort subrogation claims after paying policyholders for first-party property damage claims. Claims departments incentivize and promote the collection of subrogation amounts to make claims departments more profitable. It is amazing that the Texas “tort reform” advocates do not lobby to do away with this—but then again the “tort reform” advocates are the insurers themselves.
Policyholders are the customers of insurance companies. You would think that customer interests would come first and that their insurers would stand behind that premise and make contracts reflecting that notion. In some states, that is mandated, but Texas insurers are increasingly making contracts that have unique wording that the Texas Department of Insurance should find against public policy and courts should as well.
Policyholders under traditional common law doctrines following a loss are…
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