Fort Worth Injury Attorney Blog

Farmers Insurance Company's policy holders could file for refunds from a proposed $455 million settlement in a national class action lawsuit that accused the company of illegally inflating its rates by charging excessive management fees.

The case started out in a Texas court in 2007. It is now before a court in Los Angeles, which is expected to approve the settlement next month.

Texas Farmers is owned by Zurich Financial Services in Switzerland. Its national headquarters is in California. So much for the clever marketing aimed at Texans and farmers.

Less than a quarter of eligible Farmers customers have applied for the available refunds.
Maybe that's because of the red tape and small average refunds involved.

Policy holders could receive up to $60.00, although the average refund is about $25.00. Texas will receive about $20 million of the total $455 million available. $350 million has not been claimed.

Former Texas Insurance Commissioner J. Robert Hunter stated that the proposal will do little for consumers, since most of the money goes back to Farmers, which will just keep it.

A consumer attorney said that "It's ridiculous to require that their policyholders and former policyholders fill out and send in a claim form when Farmers could simply send them a check."

Austin attorney Joe Longley, who represented one group of plaintiffs, said Farmers customers are better off with the California proposal than the original Texas settlement of $117 million in 2002. The agreement came after the company had threatened to pull out of the Texas home insurance market because of massive losses from mold claims.

Company officials also were stinging from repeated attacks by Gov. Rick Perry, who made Farmers his favorite target in his 2002 campaign.

The original settlement included rate reductions, premium refunds, higher discounts and miscellaneous refunds. Longley and his clients challenged that settlement, contending the amount was inadequate. Longley eventually had his Texas clients participate in the California case.

"We objected to the Farmers settlement as not being nearly enough, and as a result, the national class action case evolved out of the Texas case," Longley said.

"Texas policyholders are getting a better deal with this [California] settlement because it is real money as opposed to credits or future reductions in rates," he said.

Once the settlement is approved, Travis County District Judge Scott Jenkins will convene a hearing in Austin.

Another class action case affecting Texas policyholders of the company was approved in federal court in Oklahoma City last week for $40 million plus $8 million in attorney fees. That case involved faulty disclosures of premium discounts by Farmers.

Farmers is often difficult to deal with, and I sometimes file suit rather than try to settle with its adjusters.

A tragic car wreck in Grand Prairie claimed the life of two teenagers and injured two others this weekend. Oh my.

The accident took place at approximately 11:30 p.m. on Saturday night on Highway 360 near New York Avenue.

The four Mansfield Timberview High School students were riding in a Lexus driven by Kimberly Pimental, 17, of Grand Prairie. Police believe that Pimental lost control of her car as she attempted to pass a slower vehicle, crashed into the median, and collided into a tree.

Pimentel was taken to Methodist Dallas Medical Center but died Monday night.

Carlos Marquez Jr., 15, of Arlington, was unfortunately pronounced dead at the scene.

Another passenger, Isaiah Rodriguez, 16, of Arlington, was ejected from the car and is currently being treated for critical injuries at John Peter Smith Hospital in Fort Worth. The third passenger, Flordeluna Flores, 15, of Grand Prairie, is believed to be in a stable condition.

Police do not believe alcohol played a role in the crash.

I mention this as a continuing warning to parents to closely monitor their inexperienced young adults, and to teenagers to drive more responsibly. As the father of a now 21 year old who worried profusely about her driving -- and bought her a used SUV so she would be able to see other vehicles better (and vice versa), my thoughts and prayers go out to the families of those who have died and I wish the best for the two young survivors.

Alice Walton, an heir to the Walmart fortune, was charged with Driving While Intoxicated after being stopped in Parker County - almost a week ago.

She was arrested on Oct. 7 - her 62nd birthday - after DPS Trooper Jeff Davis pulled her over in a construction zone on Interstate 20 at Farm Road 51.

With a net worth of almost $21 billion, Ms. Walton is ranked No. 10 on the Forbes 400 list of the richest Americans and 21st on the Forbes list of the world's billionaires.

Ms. Walton refused the trooper's request for a breath test. Because the stop did not involve a fatal or serious wreck, a mandatory blood draw was not warranted, he said.

The traffic stop came at 10:22 p.m., and Parker County jail records show that Ms. Walton was booked in at 11:12 p.m. She was released more than nine hours later after posting a $1,000 bond on the misdemeanor charge.

"Ms. Walton was pulled over by a patrolman with the Department of Public Safety for driving 71 miles per hour in an unattended 55 miles per hour construction zone. She was returning home from a birthday dinner with friends at a Ft. Worth restaurant," a statement from her attorney said.

She is the daughter of the late Walmart founder, Sam Walton, and lives on a ranch in the Millsap area, about 15 miles west of Weatherford.

Two twin brothers and a female teenager were killed in a horrible crash early this morning when their Honda Accord drove into a tree, split in two, and caught on fire.

Arlington police officers found a liquor bottle at the scene. Speeding is suspected.

The accident happened about 3 o'clock a.m. when the driver lost control in the westbound lanes of the 700 block of Southeast Green Oaks Boulevard and veered into a tree on the median at Yaupon Drive, across from Ferguson Junior High School.

Stephen and Michael Eckel, the driver and his twin brother, 21, were declared dead at the scene. A female passenger, Danielle Ruthstrom of Arlington, 17, was rushed to John Peter Smith Hospital where she was pronounced dead. Two male passengers were hospitalized with serious injuries.

The crash comes exactly a month after three Fort Worth teens were killed in a fiery crash on the same road.

The deadly wreck brings the number of traffic fatalities in Arlington to 32 already this year. This is a dramatic increase over 2010, when there were 20 traffic fatalities. It goes without saying that one death is one too many.

I wish there was a way to get teens to be better drivers. I have unfortunately handled my share of wrecks where they were involved.

And as the father of a 21 year old -- who caused a non injury accident when she was 16 (I didn't allow her to drive for the next year, but she is now an excellent driver), I can only imagine what the parents of these young people must be going through. I am very sorry for your losses.

A woman has unfortunately died after being hit by a vehicle last night on the east side.

Police said the woman was attempting to cross the street in the 5700 block of East Lancaster Avenue at about 8:30 o'clock p.m. when she was struck by a vehicle traveling west.

The driver did not stop, police said.

The woman was taken to John Peter Smith Hospital where she later died, police said.

I represented a very nice woman who was seriously injured when she was looking under the hood of her car in a parking lot when a man decided to back his car into her legs. He fled the scene, but I was able to track him down after obtaining security camera footage, and I made his insurance company pay my client a large amount of money for her injuries.

As an adopted TCU fan who loves to go to games, work out in its Recreation Center, run on its track and who has lived in the area since I moved to Fort Worth back in 1979, I wanted to congratulate the Frogs.

Back when I went to the University of Texas (I graduated in 1976), Earl Campbell played for the Horns. When I was at SMU Law School, Eric Dickerson and Craig James led SMU to the #2 ranking. Both teams played TCU each year.

I attended the BIG game here in 1984 when Kenneth Davis was the top running back in the U.S. -- that is, before illegal pay offs were revealed and TCU was sanctioned. Its program, along with SMU's, went into decline, and it was not invited to join the Big 12 in 1996 when the Southwest Conference dissolved. TCU has wandered through three conferences since then.TCU finished as the #2 team in the U.S. last year and played in a BCS game in 2009.

TCU will be able to play UT, OU and many of its former Southwest Conference opponents. And just in time for the beautiful $160 million renovated stadium to open next fall.

Stay tuned for more musical chairs, as conference realignments aren't over.

I was saddened to read that a resident of Mineral Wells died Wednesday at a Fort Worth hospital. She was involved in a one car collision on Highway 180 Tuesday night outside of Weatherford.

Barbara Northrop, who was 52 years old, unfortunately died at Harris Methodist.

Mrs. Northrop was driving her 2009 Honda Civic when for some unknown reasonn, she crossed into oncoming traffic and hit a culvert, according to the DPS highway patrol.

Ironically, she was just in front of the cemetery at Old Millsap Road.

Fortunately noone else was injured.

My condolences go out to the Northrop family. May she rest in peace.

I have been truly blessed by the Lord with some of the nicest clients in the world. Thank you all for the honor and privilege of representing you.

Yesterday and today, I had the pleasure of meeting with another two of my great clients, giving them sizeable checks, and concluding their legal battles against the insurance companies and their attorneys that had tried to deny them from receiving any money. One man was hit as he was on his motorcycle in Fort Worth and another woman's car was crashed into in Arlington. I fought hard to make sure they received favorable recoveries for their injuries.

I wanted to share their comments about how pleased they were. As you can see, they were delighted with their cash recoveries and my legal services.

I am proud that 100% of my clients have written that they are "very pleased" with their financial recoveries and the way they were treated and that all would recommend me to a family member or friend. To my knowledge, no other attorney can claim this.

Over 100 happy clients have filled out comment forms and they can be seen here

I believe that positive recommendations are the best way to hire someone, don't you?

Two cars collided in the 4200 block of North Collins Street early this morning, unfortunately killing one driver and seriously injurying the other.

The deceased man was found in his flipped over car in a pond by Arlington police about 5:30 a.m. They are contacting his family before releasing the victim's name.

Another man was also in the submerged vehicle. He was able to break out of the car. He was rushed to the ICU at John Peter Smith Hospital.

The other car was left in the field next to the road. A man and woman fled the scene but were apprehended by the police, who believe every one knew each other and had met at the scene.

It is believed that the two cars were racing.

Officers are trying to determine how this terrible crash occurred, and whether it was a result of horseplay and aggressive driving.

What do you think?

I was delighted to watch the Rangers knock off the Tampa Bay Rays again by winning three out of four games and advance to the American League Championship Series.

Here come the World Series champs -- for the second year in a row!

This team is amazing.They can win in so many different ways. How about Adrian Beltre hitting three consecutive home runs! Only six other players, including the Hall of Famers Babe Ruth (twice), Reggie Jackson and George Brett, had ever homered three times in a postseason game. Great move signing him when Boston let him go last winter and then Cliff Lee took off for Philadelphia.

The Rays owner graciously praised the Rangers:"They went out in the off-season, and during the season, and spent and spent and picked up some players," Stuart Sternberg said. "They're a different franchise right now."

That's quite a compliment, considering the team's stunning year in 2010.

It doesn't seem like that long ago that the Rangers were just another team that couldn't win its division.

In Game 4, Manager Ron Washington got five strong innings from Matt Harrison, who came here in the brilliant 2007 deal that also brought Andrus and closer Neftali Feliz.

Then Washington got four outs from his Game 2 starter, Derek Holland, and two from Mike Adams, acquired from San Diego for prospects in July. Alexi Ogando, an All-Star starter during the season, worked a 1-2-3 eighth. Then Feliz earned his third save of the series, pumping fastballs close to 100 miles per hour.

Nolan Ryan was named the team president after the 2007 season, two years after Daniels and his staff started reshaping the farm system. The organization came through bankruptcy last season, and with new ownership, a popular stadium and a steady flow of fans from a large market, the Rangers are thriving.

"Well, we've got a ways to go yet," Ryan said, "This is the first step. But to be honest with you, I couldn't be any prouder of the guys."

Go Rangers! And go Arlington Cowboys against New England on Sunday!