Considering Suit Against An Out-of-State Carrier Representative? Consider This Recent Texas Decision

Originally published by Phillip Sanov.

Although we make every effort and hope to resolve claims without filing suit, I am a trial lawyer. It is not uncommon for me to file suit on my client’s behalf. As with any jurisdiction, we evaluate whether to file in state or federal court when filing suit for a Texas property damage loss. As part of the state/federal court determination under Texas law, we assess whether an individual carrier representative committed wrongdoing of a nature to subject the individual to liability in Texas state court. A recent decision gives guidance on whether to sue in Texas state court against an out of state claim handler.1
Underlying Case

A Trustee for a Family Trust took out a $10,000,000 life insurance policy on Jeffrey Blanchard in April 2013. After Mr. Blanchard passed away in June 2014, the Trustee submitted a claim for the life insurance proceeds. In August 2014, an out of state claim hander sent a letter to the estate and Trustee rescinding the policy and refunding the premiums due…

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