Monthly Archives: March 2022

Doyle, along with attorney David Spradlin of the Law Offices of David Spradlin, filed a defense yesterday for injured water plant worker Eric Hamic. Mr. Hamic injured his spine working for Hays Utility Service Corp. in September 2007, and its workers’ compensation insurer, Zenith Insurance Company, wrongfully denied insurance benefits to treat his injuries. After lengthy delays, the Texas Department of Insurance eventually ordered Zenith to finally pay for the necessary benefits. Unfortunately, Zenith Insurance has sued Mr. Hamic to attempt to avoid paying in accordance with the order of the State. Doyle agreed to defend Mr. Hamic against this suit by his own insurance company.

Today Doyle filed a lawsuit against Liberty Mutual Fire Insurance Company and and its adjuster for insurance code violations, insurance bad faith, and for violating the DTPA. Doyle’s client, a security guard for Smith Protective Services, had her entire claim denied because Liberty Mutual claimed that she was employed by a company that did not have workers’ compensation coverage for its employees, even though every facet of her employment was controlled by Liberty Mutual’s insured Smith Protective Services. Because of the wrongful denial, income and medical benefits were denied for over eight months. As a result, the suit was filed to recover the economic, psychological and physical damages she suffered as a result of delayed payment of benefits.

In a disappointing decision, the Fifth Court of Appeals in Dallas let Texas Mutual off the hook for altering a medical record. The decision is Texas Mutual Insurance Company v. Juan Narvaez.

On the front page of today’s Texas Lawyer, reporter Mary Alice Robbins profiled our Texas Mutual Insurance Co. v. Narvaez case, which was recently reversed by the 5th Court in Dallas. The trial court had sanctioned Texas Mutual for altering a medical record, then using the doctored record at trial in the Narvaez matter.

Yesterday morning the Texas Supreme Court heard oral argument in Texas Mutual Insurance Co. v. Timothy Ruttiger. In this workers compensation bad faith case, Texas Mutual requests to be immune from liability for violations of the Texas Insurance Code and seeks to avoid any accountability before a court or jury for bad faith conduct on the part of its managers, supervisors and adjusters. In doing so, the state’s largest workers’ compensation insurance company asked the Texas Supreme Court to overturn many years of precedent recognizing the important legal obligation to handle claims in good faith and to abrogate the Texas Insurance Code.