J. Brantley Durrett III's Answers

J. Brantley Durrett III
Houston Insurance Law Lawyer.
Contributor Level 9

3

Attorney answers:

  1. J. Brantley Durrett III
  2. John Robert Rizzardi
  3. Thomas L. McLain

Why do some contracts print your name in all capital letters

Asked by a user in Kingsville, TX - almost 4 years ago.

The previous answers have it right. It makes no legal difference and is simply a matter of style. In my contracts and pleadings, I use an acronym for the parties such as the following example: Gulf Coast Manufacturing, LLC ("GCM"). In other words, I define the party first and then use an acronym throughout the rest of the document when referring to that party.

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Attorney answers:

  1. J. Brantley Durrett III
  2. Okorie Chukwudimm Okorocha

Income tax

Asked by a user in Texas - about 4 years ago.

Definitely the IRS, but don't expect them to take any immediate action. Furthermore, it is possbile that the tax deduction is valid if the kids are children of the person and the person got divorced and allocated the tax deduction between the former spouse as part of support obligations.

2 lawyers agreed with this answer

2

Attorney answers:

  1. J. Brantley Durrett III
  2. Thuong-Tri Nguyen

TX auto accident insurance laws, dispute with insurance company regarding car value

Asked by a user in Dallas, TX - over 3 years ago.

Based on the facts described, you face both civil and criminal liability. Your civil liability equals the total amount of reasonable and necessary repairs limited to the fair market value of the car, plus any other consequential damages. Criminal liability may exist for failure to have insurance, for fialing to report an accident and for leaving the scene of an accident. I wouild advise you to seek a civil settlement with the carrier for an amount capped at $500 - the total value of the car,...

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Attorney answers:

  1. J. Brantley Durrett III

Life Insurance Disability Waiver of Premium discontinued....leaving no coverage

Asked by a user in Houston, TX - over 3 years ago.

Your question is rather complex. If the policy was issued as an employee benefit, then it falls under a federal law known as ERISA - the Employee Retirement Income Security Act - and preempts state law. From your question, it sounds like the life insurance policy was issued as an employee benefit. Under ERISA, if misrepresentations were made to your mother that reasonably caused her to forego obtaining life insurance coverage, the measure of damages would be the difference between the price for...

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Attorney answers:

  1. J. Brantley Durrett III

Damage to real property due to drunk driver, under TX law can I sue driver to get back deposit money lost to landlord

Asked by a user in Lake Jackson, TX - almost 4 years ago.

Provided the lost deposit was caused as a result of the drunk driver, you should be able to recover your deposit from the landlord and/or the drunk driver and his insurance carrier. File a lawsuit in your local justice or smaill claims court in the county where the property is located.

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Attorney answers:

  1. Edgardo Rafael Baez
  2. J. Brantley Durrett III

Do I need a real estate or an insurance lawyer???

Asked by a user in Austin, TX - over 3 years ago.

Your question is actually more complex because the defendant is a governmental entitiy and there are special rules that apply to claims against governmental entities. However, until proven otherwise - (by statute or ordinance), you should be able to recover the fair market value of your personal belongings and furniture. If there is no market value, then you can claim the intrinsic value of the belongings and furniture to you - which is usually replacement cost. There may be other elements of...

3

Attorney answers:

  1. Kelly W. Case
  2. William J. Dyer
  3. J. Brantley Durrett III

I was involved in a low speed car accident while leaving a parking spot, can I face criminal or civil liability for leaving

Asked by a user in Houston, TX - over 3 years ago.

You face both civil and criminal liability. You should report the loss to your carrier immediately and try to locate the car's owner and ask them if they suffered any property damage.

2

Attorney answers:

  1. Kristopher Shane Barber
  2. J. Brantley Durrett III

Car Accident Liability

Asked by a user in Houston, TX - over 3 years ago.

When dealing with insurance companies, it always best to put all possible carriers on notice of a potential claim as soon as possible. The carriers will determine whether one or both are responsible for the indemnity. However, failure to timely notify the carrier could result in a denial of the claim.

2

Attorney answers:

  1. Richard Emory Mcgary
  2. J. Brantley Durrett III

Car crash with cop: Sue or not?

Asked by a user in Irving, TX - over 3 years ago.

For quickest results, submit your claim for payment under your own collision coverage. If you do not have collision coverage, check with an attorney to determine the applicable period of limitations against the city. Some periods of limitation in Texas run rather quickly, i.e. 90 days, 6 months, 1 year. Continue to actively monitor your cliam wiht the city.

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Attorney answers:

  1. J. Brantley Durrett III

Insurance coverage on stolen motorcycle

Asked by a user in Garland, TX - over 3 years ago.

Generally, there is no coverage absent other circumstances. A insurance company is not liabile for the loss of a motorcycle, they did not know about, nor agreed to cover. Unless, you have some sort of written or oral representation from an authorized representative that the carrier agreed to provide insurance coverage for the motorcycle, the insurance carrier will not be held liable for your loss. Having a policy with the carrier does not obligate the carrier to insurance all of your vehicles,...