Journal of Texas Insurance Law

The Journal of Texas Insurance Law is a quarterly publication of the Insurance Law Section of the State Bar of Texas. One of our firm’s founding partners, Christopher Martin, has served as the editor-and-chief of the Journal of Texas Insurance Law since its inception in 1998. More information on the Insurance Law Section of the State Bar of Texas can be found at: http://www.txins.org.

 

 

     Summer 2008

Late Notice and Prejudice to Insurance Companies: The Texas Supreme Court’s PAJ Decision

The So-called “Fortuity Doctrine” Unmasked: Trading “Known Loss” for “Known Risk”

Suits by Insurers Against Insurers: Questions Abound After Mid-Continent v. Liberty Mutual

 

     Spring 2008

Rescission of Life, Accident and Health Insurance Policies in Texas – The Rules Have Changed

Liability Insurance Coverage for Global Warming: An Inconvenient Truth for Carriers

The History of Article 21.21 and Deceptive Trade Practices Act

 

     Fall 2007

“Agents” and “Brokers”: Texas Statutory Definitions and Rule-Entailing Characterizations

A Primer on “Known Loss” and “Loss-in-Progress”

Evolution of the Texas Health Insurance Risk Pool

 

     Spring 2007

Interpleader and the Duty to Defend: Does the Deposit of an Insurance Policy Limit into the Registry of the Court Satisfy the Exhaustion Requirement?

An Update On Uninsured and Underinsured Motorist Coverage in Texas: Brainard and Other Cases of Interest

Defending an Insured During the Appeal of an Adverse Judgment

 

     Winter 2006-2007

When Fronting Carriers Fail, Equity Protects Policyholders

The Re-codification of Articles 21.21 and 21.55 of the Texas Insurance Code: Has Anything Really Changed or Merely a Legislative Editing Exercise?

Changing Times – A Look at Two Cases that Turn Back the Clock on Additional Insureds

 

     Summer 2006

Inadvertent Policy Overlaps and the Basis for the “Anti-stacking Rule”

CGL Coverage for Defective Construction: A Case Study of Lamar Homes v. Mid-Continent Casualty Company

Defending Bad Faith Allegations: Ten Keys to Success

 

     Spring 2006

Self Insureds Have No Extracontractual Duties

Coverage for Construction Defects under a Commercial Liability Policy --- Clarifying the Confusion

 

     Fall 2005

Be Careful What You Wish For The Potential Pitfalls Facing Insurers after Frank’s Casing

The Insured’s Duty to Cooperate

Insurance/Litigation, Including Overhaul of Workers’ Comp and Asbestos/Silica

 

     May 2005

“Damn Fools” – Looking Back at Stowers after 75 Years

Insurability of Punitive Damages in Texas

A Short Primer on Advertising Injury Coverage

 

     December 2004

Beyond the Eight Corners: Use of Extrinsic Evidence to Determine the Duty to Defend

Excess Other Insurance Clauses and Contractual Indemnity Agreements Shifting an Entire Loss to a Particular Insurer

Musical Chairs: The Case In Texas for the Proposition That Only the Liability Policy In Effect When Property Damage First Manifests Must Respond To Continuous Loss Claims

 

     May 2004

Uninsured/Underinsured Coverage: Shaken But Not Stirred

Cracks, Leaks, Mold and More: A Survey of Recent Cases Under Homeowners Policies

The Ever-Changing Truth About Additional Insured Endorsements

A Primer on Appraisal in Texas – Or One of the Most Frequently Abused and Misused Provisions in an Insurance Policy

Simply Wrong

 

     October 2003

The Liability Insurer’s Dilemma: Should a Good Faith But Mistaken Belief There Is No Coverage Absolve An Insurer of “Stowers” Liability?

Ensuing Loss Clauses in Texas Insurance Jurisprudence

New Legislation Pertaining to Homeowners Insurance