Newsbriefs

Texas Insurance Law Newbrief 2017
Texas Insurance Law Newbrief 2016
Texas Insurance Law Newbrief 2015
Texas Insurance Law Newbrief 2014
Texas Insurance Law Newbrief 2013
Texas Insurance Law Newsbrief 2012
Texas Insurance Law Newsbrief 2006 - 2011
  • Federal Court Agrees That Plaintiffs' Allegations in Ike Suit Were Impermissibly Vague
  • Federal Magistrate Recommends Denial of Summary Judgment Based on Conflicting Evidence Regarding Alleged Vicarious Liability of an Employer
  • Privity Required for Cause of Action Under Health claims Prompt Payment Statute
  • Insurer Does Not Have to Pay for Insured's Independent Counsel
  • Trial Court Erred in Failing to Decide Substantive Legal Issue Presented by Competing Summary Judgment Motions
  • Court of Appeals Affirms Judgment Against homeowner's Insurer For Failure to Comply With Terms of Policy
  • Legislative Update on C.S.H.B. 274 Tort Reform bill
  • Webcast Tomorrow: Navigating the Minefield of Claims Involving Multiple Claimants and Inadequate Limits
  • Harris County Jury Rejects "Bad Faith Appraisal" Claims
  • Texas Supreme Court Allows Insurers to Check Credit Scores in Bias Suit
  • Houston Court of Appeals Recognizes Exception to the Eight-Corners Rule on Pure Coverage Question
  • State Farm Successfully Defends Direct Action Suit by Insured
  • Plaintiff's Counsel Stock Hurricane Pleadings Held Insufficient
  • Insured's Attorney Not Entitled to Recover Fees in Suit Against Carrier
  • Legislative Update: Texas Enacts Loser Pays Law
  • Legislative Update: Governor Adds TWIA to Special Session To-Do List
  • Hurricane Season 2011 Officially Started
  • Texas Supreme Court Permits Post-Suit Appraisal Demand: Waiver Requires Showing of Impasse and Prejudice
  • Buy-Back Agreement Not Void as Against Public Policy
  • Worker's Compensation Case Remanded based on Texas Supreme Court's Crump Opinion
  • Summary Judgment In Insurer's Favor on Bad Faith Claims Upheld by El Paso Court of Appeals
  • Coverage Dispute Results in Determination That Policy's Anti-Assignment Provision Does Not Reach Stowers Rights, Which Are Assignable, and Chapter 542 Claims Are Not Assignable as a Matter of Law
  • U.S. Department of Labor and Texas Department of Insurance Offer Free Health Care Law Compliance Seminar May 17 and 18, 2011 in Austin.
  • Illegal Alien's Material Misrepresentations In Policy Application Supports Denial of Death Benefits
  • Court Abates Lawsuit Pending Insured's Compliance With Pre-Suit Document Request and EUO
  • Alleged Mishandling of Third Party Liability Claims Does Not Expose Carrier to Certain Tort Claims
  • No Coverage Based on Known-Loss Exclusion
  • Demand Letter Is Sufficient Notice Under Texas Products Liability Act
  • Stowers Demand Must Specifically and Explicitly Address Liens to Be Valid
  • Summary Judgment Upheld for Insurer on Extra-Contractual Claims Because Plaintiff Failed to Show Liability Was Reasonably Clear or That Insurer Conducted Unreasonable Investigation
  • Insurer Wins Mandamus Relief to Prevent Production of Documents That Parties Agreed Would be Subject to Protective Order
  • Hospital Lien Perfected Upon Filing Even If Not Indexed In Time to Be Found Prior to Settlement
  • Fifth Circuit Limits Application of Mid-Continent, Holds It Does Not Apply if a Carrier Denies Coverage.
  • Court Finds "Government Authority" as Used in Pollution Exclusion is Ambiguous - Insurer Has Duty to Defend and Indemnify
  • Insurer's Right to Invoke Appraisal Not Waived by Claim Denial
  • Summary Judgment In Favor of Insurer Granted On Bad Faith Causes of Action
  • Southern District Denies Motion to Remand Based On Improper Joinder
  • Amarillo Court of Appeals Reverses and Renders Judgment Against Plaintiff After "Paid or Incurred" Analysis Applied
  • Texas Supreme Court Reverses Court of Appeals Because It Had Not Considered Extrinsic Evidence in Determining General Liability Insurer's Duty to Indemnify
  • United States District Judge Grants General Liability Insurer's Motion for Summary Judgment, Concluding Absolute Auto Exclusion Applied
  • United States District Judge Abates Lawsuit Because Plaintiff Failed to Provide Pre-Suit Written Notice of Specific Complaint
  • Jury Finds Insurer Not Responsible for Insured's Contractor's Failure to Perform
  • Agreement to Settle Insurance Lawsuit Not Enforceable Because Parties Negotiating Different Claims Subject to the Agreement
  • Performance Bond's Plain Meaning Controls Dispute Over Contractor's Right to Recover for Subcontractor's Failure to Perform
  • Owners Claims Against Subcontractor's Insurers are Barred by Anti-Assignment Provisions
  • Your Product, Your Work and Impaired Property Exclusions Preclude Duty to Defend or Indemnify - Summary Judgment Granted
  • Court Holds That a Party Cannot Tortuously Interfere With Its Own Insurance Contract
  • Court Upholds Texas Workers' Compensation Act's Exclusive Remedy Provision
  • Appellate Court Issues New Opinion in Foundation Damage Cases Based on Applicable Statute of Limitations for Breach of Warranty and DTPA Claims
  • Federal Court Declares Driver Responsible for Double Fatality Not Insured under Parents' Personal Liability Umbrella Policy As He Did Not Live at the "Primary Residence"
  • Welcome UH Law School Property & Casualty Law Student
  • Houston Court of Appeals Affirms Judgment Awarding $0 Attorney's Fees
  • Beaumont Court of Appeals Conditionally Grants Mandamus Relief to Insurers Finding Requests for Production Served by Plaintiffs in Hurricane Ike Case to be Facially Overbroad
  • Fifth Circuit Finds Liability Insurer Had No Duty to Defend or Indemnify Contractor
  • Court Finds CGL Insurer Has Duty to Defend and Indemnify Claims Related to Defective Foundation Design
  • Non-Suit Does Not Restart 120-Day Time Period to File Expert Reports
  • Court Grants Insurer's Summary Judgment Motion After Finding SIRP is not a "Suit," Late Notice and Voluntary payment Precluded Coverage
  • Newsbrief to Resume January 10, 2011: MDJ&W Wishes All of our Readers a Very Merry Christmas and a Happy and Prosperous New Year!
  • Court Finds No Coverage for Product Damage Under "Your Work" and "Care, Custody & Control" Exclusion
  • Fifth Circuit Rejects Bad Faith Claim Based on Claim for Workers' Compensation Benefits
  • MDJW Congratulations
  • Texas Supreme Court Finds an Employee's Travel From One Workplace to Another on the Way Home May Be Within the Course and Scope of Employment
  • Texas Supreme Court Reverses Judgment in Favor of Insurer that Found Church Lacked Capacity to Sue in Its Assumed Name
  • Fifth Circuit Utilizes Extrinsic Evidence to Determine Liability Insurer Has No Duty to Defend or Indemnify
  • Fifth Circuit Holds No Duty to Defend or Indemnify Lawsuits Arising After Acquisition of Assets and Liabilities Through Company Purchase Agreement Which Excluded Insurance Polices
  • Appellate Court Holds Injured Employee Waived Option for Medical Dispute Resolution and Carrier Not Liable for Costs Associated with Spinal Surgery
  • Appellate Court Affirms Summary Judgment Holding Injured Flight Attendant Provided No Evidence She Was In Course and Scope of Employment to Support Compensable Injury
  • Unitrin Wins Bad Faith "Stowers" Trial in Hays County
  • Happy Thanksgiving
  • Court Grants Partial Summary Judgment - Dismisses Misrepresentation Claims
  • Arbitration Provision Applies to Hurricane Ike Lawsuit
  • Arbitration Clause Fails to Comply with State Law Notice Requirements
  • MDJW Welcomes Its Newest Lawyers!
  • MDJW Trial Update
  • Texas Judicial Election Update
  • Insurance Code Does Not Create Fiduciary Duty for Third Party Administrators
  • Use of Division Advisory Opinion 2003-10 Alone to Determine an Impairment Rating is Held Insufficient in a Workers Compensation Claim
  • Clear and Unambiguous Policy Language Prohibits Coverage for on the Job Injury Occupational Injury
  • Federal Court Grants Remand After Hurricane Ike Suit Removed on the Basis of Diversity Jurisdiction Under Improper Joinder
  • Appellate Court Concludes Property Owner Owed No Legal Duty to an Independent Contractor Who Was Injured While Working on Residential remodel Project
  • Hurricane Trial Update
  • MDJW Welcomes More New Attorneys
  • MDJW Hosting Open House for Austin Office
  • Fifth Circuit Determines that Texas Statute Barring Employees From Waiving Right to Bring a Lawsuit Prior to Sustaining a Work-Related Injury Applies Only to Non-Subscribing Employers
  • Statute of Limitations for Recovery of Defense Costs Runs from Date Legal Bill Received that is Subject of Recovery
  • MDJW Welcomes New Attorneys
  • MDJW Partners to Speak at 15th Annual Insurance Law Institute
  • MDJW Hosting Open House for Austin Office
  • Insurer's Reasonable Reliance on Medical Peer Review Precludes Bad Faith Claims
  • State Court Finds Stowers Claims Barred by Federal Court Interpleader and Declaratory Judgment Actions
  • Hurricane Trial Report
  • Fifth Circuit Holds "Various Laws" Exclusion Inapplicable and Concludes Carrier Owed Duty to Defend and indemnify Nonsubscriber for Judgment Entered on Claims for Negligence and Negligence Per Se
  • Madamus Conditionally Granted to Reverse Decision Involving Waiver of Appraisal in Commercial Property Damage Claim Arising from Hurricane Ike
  • Coverage for Exemplary Damages Violate Texas Public Policy Under An Umbrella Policy For An Auto Accident
  • Co-Primary Insurance Carrier Bound By Declaratory Judgment Against Common Insured By Another Co-Primary Carrier
  • Texas Supreme Court Revisits Proximate-Cause Jury Charge in Workers Compensation Case for First Time Since 1943, and Determines that Fee-Shifting Attorney's Provision is Question for Jury
  • Award of Attorney's Fees Mandatory When Plaintiff Fails to Timely Serve Expert Report in Healthcare Liability Lawsuit
  • Medical Benefits Reimbursement Rule as Applied by Division of Workers Compensation Valid
  • Workers Compensation Carrier Establishes that conflicting Medical Testimony Prevents Imposition of Bad Faith Liability Because Liability Not Reasonably Clear as Bona Fida Dispute Existed
  • Court Finds Insurer Not Liable For Insured’s Debt to Service Provider Based on Oral Promise to Pay
  • Hurricane Update: Fifth Circuit Interprets “Charges and Expenses” For Calculation of Business Interruption Coverage
  • Court Finds Insurer Not Liable For Insured’s Debt to Service Provider Based on Oral Promise to Pay
  • Hurricane Update: Fifth Circuit Interprets “Charges and Expenses” For Calculation of Business Interruption Coverage
  • Court Finds No Duty to Defend - No “Personal & Advertising Injury” or “Property Damage”
  • Court Finds Failure to Disclose Material Facts on Policy Application Supports Rescission of Policy
  • Fifth Circuit Concludes Coverage Existed for Employee Injured While Cleaning Mobile Food Vehicle Since Injury Arose from "Use" of Vehicle
  • Appellate Court Revises Decision to Vacate Arbitration Award Denying Coverage
  • Federal Court Dismisses Injured Employee's Petition for Lack of Subject Matter Jurisdiction Based on Failure to Exhaust Administrative Remedies Despite a Benefit Dispute Agreement
  • Workers Comp Insurer Does Not Waive Defenses to Compensability if it Decides to Pay a Claim on a Second Request After Initially Denying the Claim
  • Crime Protection Policy's Plain Meaning Provides Coverage for Forgery Regardless of the UCC Definition of Forgery
  • Affidavit by "Claims Manager" Without Sufficient Detail of How Personal Knowledge Acquired Insufficient to Support Summary Judgment Granted to Insurer
  • Hurricane Litigation Update
  • Other News
  • Insurer Retains Contractual Subrogation Rights Even When Insured is Fully Indemnified
  • Court Finds UIM Insurer Entitled to Severance and Abatement of Extra-Contractual Claims– Not Just Bifurcation
  • Hurricane Ike Update: TWIA Completes Mass Settlement of Many Hurricane Ike Cases
  • Two Federal Judges Grant Abatement Based On Insufficient Notice Under the Texas Insurance Code
  • No Duty to Defend Based on No “Property Damage” As Defined Under The Policy
  • Appraisal Clause Upheld Where Formally Demanded After Suit Filed
  • Federal Court Says No Duty to Defend and No Duty to Reimburse Other Carrier for Defense Costs
  • Hurricane Rita Trial to Start Today
  • Texas Supreme Court: Mold from Plumbing Leaks is Covered as to Personal Property But Not the Structure Under a Texas Homeowners Policy - Form B
  • World Trade Center Settlement Renegotiated
  • BP Asked to Create Fund for Claims from Deepwater Horizon Oil Spill Victims
  • Texas Supreme Court Holds CGL Contractual Liability Exclusion Applies When Only Basis for Liability is Contractual Agreement – Exception Not Applicable
  • Texas Supreme Court Holds Efforts to Allocate Settlement Proceeds to Avoid Insurer’s Contractual Subrogation Rights is Improper
  • Court Grants Summary Judgment to Insurer on Employee Dishonesty and Hurricane Ike Claims
  • Southern District Indicates that Insurance Adjuster was Improperly Joined But Gives Plaintiff Another Chance
  • Southern District Dismisses Insurance Adjuster Due to Non Involvement in Claim and Grants Him Attorneys’ Fees
  • Southern District Holds No Duty to Defend or Indemnity Due to Non-Coverage and Policy Exclusions
  • Insurer Must Establish Policy Defenses by a “Preponderance of the Evidence” Under Stanford Executives D&O Policy
  • Nonsuit Did Not Prevent Trial Court from Dismissing Case With Prejudice
  • State Claims, Including DTPA, Preempted by Federal Authority over Intrastate Transportation
  • Interpleader and Mediation Do Not Waive Right to Complete Appraisal Under the Policy
  • MCS-90 and Form F Texas Endorsement Provide No Coverage When Employee Not Transporting Cargo for Hire
  • Insurance Code and DTPA Demand Letter Deemed Inadequate: Lawsuit to be Abated Pending Proper Notice
  • Parties Under Harris County Residential Hurricane Ike Master Pretrial Order Must Challenge the Pretrial Order Prior to Seeking Mandamus
  • Contractor Who Took Assignment of Insured’s Insurance Payments Not Entitled to Recover on Assignment after Being Fired from the Job and Unable to Show it Actually Did Any Work
  • Purchase of Second Home Not “Replacement” Entitling Insured’s to Replacement Cost Benefit
  • Contractual Indemnity Provision Applies to Actual and Consequential Damage Claims Between Contracting Parties
  • Arbitration Right Waived
  • Business Risk Exclusion Fact Issue Precludes Summary Judgment
  • Court Alludes to No Coverage for Underlying Breach of Contract Claims
  • Fifth Circuit Holds that “Other Insurance” Provisions Conflict And Coverage Should Be Divided Proportionately
  • Employee and Third-Party Tortfeasor are Jointly and Severally Liable for Settlement Amount Wrongfully Withheld From Carrier with Subrogation Interest
  • Court Alludes to No Coverage for Underlying Breach of Contract Claims
  • Appellate Court Holds Carrier and Agent Not Liable for Damages Exceeding Policy Limits Due to Alleged Underevaluation of Historic Homes
  • Federal Court Holds Carrier Fulfilled Its Duty to Indemnify for Construction Damages After Obtaining a Valid Release from Homeowner
  • Court Stays Workers' Compensation Bad-Faith Suit Indefinitely Pending Resolution of the Ruttiger Case Set for Oral Argument with the Texas Supreme Court on April 14m, 2010
  • Insurers to Pay Pro-Rata Share of Policy Limits when Both Have Duty to Defend
  • Commercial General Liability Carrier Wins Big in Defective Drywall Case
  • Southern District of Texas Rule
  • Insurer Has No Duty to Warn of Salvaged-Titled Car's Condition when Sold Under Texas Transportation Code Section 501.092
  • Fifth Circuit Judges Ask Court to Reconsider En Banc Its "Other Insurance" Analysis
  • Federal Magistrate Refuses to Abate Lawsuit Until Insured Complies with Request for Examination Under Oath
  • Failure to Meet Burden of Proof and Improper Jury Argument Results in Reversal of $116,726 Underinsured Motorists (UIM) Jury Award
  • Fort Worth Jury Awards $58 Million in Damages Against Builder and Home Warranty Company
  • Waco Court of Appeals Affirms Decision that Stroke is a Compensable Injury
  • Third Court of Appeals Rules that Worker’s Compensation Carrier Can Be a Subclaimant under Texas Labor Code
  • Statute of Limitations for Negligence Action Not Tolled by Defendant’s Traveling In and Out of the State for a Period Totaling More than Fourteen Days
  • Northern District of Texas Upholds Previous Ruling in Mid-Continent II
  • Federal Court Finds No Duty to Defend or Indemnify Contractor for Work Performed During Church Roof Project
  • Appellate Court Concludes Resident of Vehicle Owner on Personal Auto Policy Does Not Qualify as "Covered Person" for Purposes of Recovering UIM Coverage
  • Restitution Uninsurable Under Texas Law as a “Loss” Under Executive and Organization Liability Coverage
  • San Antonio Court of Appeals Determines that Accident Caused by Ice Falling from Passing Tractor Trailer Does Not Satisfy Actual Physical Contact Requirement of UM/UIM Policy
  • Houston Court of Appeals Considers Mandamus of Denial of Appraisal by Harris County Hurricane Ike Residential Claim under Master Pre-Trial Order
  • Public Policy Against Punitive Damages Coverage Under UM/UIM Extends to Related Coverage Under Umbrella Policy
  • New Partnership Not Entitled to Prior Corporation’s CGL Coverage
  • Houston Federal Judge Grants Preliminary Injunction Prohibiting Lloyd’s of London From Withdrawing Payments Under D&O Policies
  • Invalid Advisories Rendered Previous Workers’ Compensation Impairment Rating Invalid
  • Harris County Jury Finds Breach of Contract and Bad Faith in SIU/ Alleged Theft Trial
  • Dallas Federal Court Rules on Carrier’s Environmental Coverage Claims Regarding Waste Migration from Adjoining Property
  • Hartford did not Abuse Discretion in Reviewing Claimant’s Disability Claim
  • Houston Court of Appeals Refuses to Grant Mandamus Relief to TWIA Which Would Have Allowed TWIA to Avoid Producing Its Complaint Log
  • Title Insurer Relying on Notice Provision in Title Policy Must Show Prejudice and Court Allowed Showing of Prejudice as a Matter of Law
  • Fifth Circuit Refuses to Extend Mid-Continent v. Liberty Mutual to Action to Recover Defense Costs
  • Insured's Third-Party Customer May Rely on Agent Statements and Certificate of Insurance to Bring Claims Against Agent and Insurer when Coverage is Not as Expected
  • Insurer Wins Declaration that it Did Not Violate Insurance Code by Selling Stop-Loss Policies to Self-Funded Plans
  • UM/UIM Coverage Not Available to Insured Injured by Self-Insurer Owned Vehicle, Despite Insured Inability to Pursue Self-Insurer
  • Duty to Indemnify Is Not Dependent on Duty to Defend
  • Additional Insured Endorsement Does Not Preclude Coverage When Negligence is Alleged Against Additional Insured
  • Insurer Does Not Waive Extent of Injury Challenge if Claim was Reasonably Discoverable Within Compensability Determination Period
  • Estate Lacked Standing to Challenge Distribution of Life Insurance Proceeds When Not a Named Beneficiary
  • Fifth Circuit Holds that Joinder of Non-Diverse Defendant After Removal Destroys Diversity Jurisdiction Unless Objected to by Diverse Defendant
  • Rulings in Fedral Courts Have Varied on Specificity in Pleadings that Will Be Required to Avoid Fraudulent Joinder
  • Property Damage Benefits Paid to Insured Under Auto Policy Are Subject to the Collateral Source Rule
  • En Banc Fifth Circuit Upholds Validity of Arbitration Provision in Insurance Policy Despite State Law Prohibiting Enforcement
  • Endorsement Excluding Coverage for Claims "Pursuant to" the LHWCA Did Not Apply to Injured Longshoreman's General Maritime Tort Claim
  • Fireman's Fund Wins $6M Bad Faith Trial in Dallas Federal Court
  • Fact Questions Exist in Business Auto Policy Dispute Seeking Coverage for Spread of Tuberculosis on Bus
  • Austin Court Affirms Insurance Code Violation Class Certification Order
  • Known-Falsity Exclusion Applies to Vice-Principals as Well as to Corporate Officers
  • Fifth Circuit Finds Waiver and Estoppel Did Not Expand Risks Covered by Insurance Policy
  • Court Finds Workers' Comp Claimant Failed to Exhaust Administrative Remedies - Trial Court Had No Jurisdiction
  • Appellate Court Affirms Summary Judgment for Carrier Against Homeowner Based Upon Statute of Limitations Even Though Claim Was Reopened to Investigate Damage Allegedly Arising from Original Claim
  • Appellate Court Reverses Summary Judgment and Remands Case Based on Insufficient Evidence for Application of Covered Auto Exclusion
  • Appellate Court Affirms Summary Judgment in Lawsuit Involving Employee and Nonsubscriber Employer Based Upon Workers' Compensation and Employee Exclusions
  • Appellate Court Finds Insurer's Subrogation Not Waived, Nuisance Based Flood Claims May Proceed
  • Court Recognizes Limitation on Workers' Compensation Judicial Review of New Evidence
  • Fifth Circuit Finds Abuse of Discretion in Insurer's Denial of Long Term Disability Benefit
  • Agent Not Liable for Not Obtaining UM/UIM Coverage Equal to Liability Limits
  • Court of Appeals Rejects Dual-Persona Doctrine as Avenue to Overcome Exclusive Remedy Provision of Texas Workers Compensation Act
  • Hurricane Litigation Update: Insurer Wins Mandamus Relief to Sever Claims Against it Brought in One Lawsuit by Multiple Insureds for Separate Claims Under Separate Policies on Separate Dwellings
  • Fifth Circuit Holds CGL’s Pollution Exclusion Does Not Provide Coverage for Claims for Consequential Damages Arising from State Agency’s Investigation of Alleged Pollutant Dumping
  • Abatement Period of Texas Insurance Code Enforced by District Court in Response to Plaintiff’s Failure to Provide Statutorily-Required Notice Letter
  • Prompt Payment of Claims Act Applies to Claim for Indemnification of Legal Fees
  • Texas Supreme Court Rules No Jurisdiction when Administrative Remedies Are Not Exhausted in Workers' Compensation Claim
  • Adjuster's Notes May Be Withheld as Privileged Under Texas Civil Procedure
  • Duty to Defend Arises When Third Party Plaintiff's Complaint Alleges Any Amount of Property Damage Occurs During the Policy Period
  • Failure to Cooperate Precludes Coverage
  • Three New Proposed Class Action Lawsuits Involving Hurricane Ike Claims Allege Insurance Companies Are Routinely Failing to Pay Insureds' Overhead and Profit for Property Repairs
  • Texas Supreme Court Conditionally Grants Mandamus Relief and Directs Trial Court to Order Plea to the Jurisdiction in Workers' Compensation Bad Faith Suit
  • Fifth Circuit Affirms Decision Denying Coverage for Death Benefits Claim Brought by Spouse of Decedent Who Drowned on Honeymoon Cruise Excursion
  • Defendant Fails to Prove that Plaintiffs' Claims Are Barred by Workers Compensation Act
  • Insurer Wins Judgment No Duty to Defend or Indemnify Insured
  • Owners of Bankrupt Insured Have Standing to Sue Insurer for Violation of Automatic Bankruptcy Stay
  • Fifth Circuit Concludes "Rate of Payment" Claims Are Not Preempted by ERISA
  • U.S. District Court Holds Insurer Waived Right to Appraisal
  • In Limited Circumstances, Extrinsic Evidence Can Be Considered in Determining an Insurer’s Duty to Defend
  • The Right to Remove Can be Waived by Contract
  • When a Jury Awards More Medical Expenses than it Should, the Court can Reduce the Award Through a Remittitur or Remand the Case for a New Trial
  • Some New Texas Laws that will Be Effective September 1, 2009
  • Athletic, Sporting, or Exercise Exclusion Not Applicable when Person Injured While Playing the Helicopter Game
  • No Duty to Indemnify Exists in Negligent Misrepresentation Claim Surrounding Subdivision Plots and Plans
  • Scope of Commercial Policy Exclusion Turns on the Difference Between Tort and Contract Allegations in the Underlying Suit
  • Failure to File a Proof of Loss Precludes Recovery Under a Standard Flood Insurance Policy
  • Trademark Infringement Claims Are Not Advertising Injury Claims, and as Such, There is No Duty to Indemnify
  • Texas Health Insurance Risk Pool Waived Subrogation Rights
  • TDI Releases Bulletin Clarifying Agent Duties and Responsibilities for Submitting TWIA Applications and Premiums
  • Federal Court Denies Carrier's Summary Judgment on Duty to Defend and Sua Sponte Moves for Summary Judgment on Behalf of Contractor and Subcontractor Worker
  • Appellate Court Affirms Summary Judgment for Contractual Party Seeking Defense and Indemnify for Underlying Suit Involving Fatality on Construction Site
  • Federal Court Grants Motion for Leave to Designate Responsible Third Parties
  • Fifth Circuit Finds Comp Carrier Has No Duty to Defend Absent Allegations of Employment Relationship
  • Use of "and/or" in CGL Employer's Liability Exclusion Results in Duty to Defend Claims by Subcontractor
  • Court Finds CGL Insurer Has No Duty to Defend or Indemnify Insured in Patient Infringement Lawsuit
  • Texas Supreme Court Enforces Appraisal Despite Causation Issues
  • Independent Appraiser Not Liable Under Texas Deceptive Trade Practices Act or Insurance Code - Remand Denied
  • Austin Court of Appeals Holds Workers' Compensation Insurer Has Valid Interest in UM/UIM Benefits
  • Texas Supreme Court Holds CPRC Section 33.004 Does Not Revive Claims Otherwise Barred by a Statute of Repose
  • Appellate Court Vacates Trial Court Judgment and Dismisses Claims with Prejudice After Trial Verdict Award of Over $4,000,000 Plus Attorneys' Fees
  • U.S. Supreme Court Holds Injunction Bars Direct Actions Against Insurer for Bankrupt Manufacturer
  • Texas Supreme Court Grants Petition for Review in Case Finding HO-B Coverage for Mold Damage from Plumbing Leaks and Similar Accidental Discharge of Water
  • MDJ&W Named #1 Insurance Litigation Firm in Texas (Again)
  • Texas Supreme Court Grants Mandamus Relief Involving Forum Selection Clause
  • Federal Court Holds Commercial Liability Auto Exclusion Does Not Apply to Injury Sustained While on Motorcycle
  • Federal Court Holds Insurer Not Obligated to Indemnify Insured for Common Law Fraud Judgment
  • Fifth Circuit Holds No Coverage Under Commercial Property Policy for Property Damage to AC Units Caused by Theft of Copper Tubing from Units
  • District Court Holds Commercial Liability Policy's Hazardous Materials Exclusion Applies to Deadly Concentration of Argon Gas
  • District Court Refuses to Consider Evidence Disclosing Confidential Communications Made During Mediation
  • Travelers Successful in Institutional Bad Faith/Punitive Damage Trial in Florida
  • Wind / Surge Related Claims Against Rimkus Engineers Defeated as a Matter of Law
  • District Court Dismisses All Claims Against Independent Adjusters
  • DRI Bad Faith and Extra-Contractual Claims Symposium
  • Appellate Court Holds Expert Medical Testimony Necessary to Prove Causation for Extent of Injury Issue
  • Policy Limits Tender Ends Insurer's Obligation Even if Insured Objects to Claim Payment and Lawsuits Are Still Pending
  • Appellate Court Determines Deadline to Dispute Occupational Disease
  • U.S. Supreme Court Grants Review of State Efforts to Prevent Class Actions Against Insurers in Federal Courts
  • DRI Bad Faith and Extra-Contractual Claims Symposium
  • Fifth Circuit Concludes Absolute Pollution Exclusion Precludes Coverage for Carbon Monoxide Claim
  • Fifth Circuit Finds Duty to Defend Additional Insured - Status Not Limited by General Indemnity Provision
  • Summary Judgment Reversed on Water Damage Claims Upheld on Mold Claims
  • Appellate Court Holds Single-Vehicle Accident Occurred After Personal Auto Policy Expired but Before Renewal
  • MDJW Wins Arson Trial for The Hartford
  • Texas Supreme Court Construes Ohio Auto Insurance Policy's Intentional Injury Exclusion
  • Fifth Circuit Finds Plaintiff's Tardy Invocation of Arbitration Provision After Invoking Judicial Process Prejudiced Defendant, Waiving Right to Arbitration
  • Allstate Wins Default Judgment from District Court Appointing Umpire to Participate in Appraisal Process under Homeowners Policy
  • Federal Legislation Introduced to Regulate Insurance Companies
  • Texas Supreme Court Holds General Workplace Insurance Plan Provides Broad Workers Compensation Insurance Protection
  • Court Rejects "Unconstitutionally Vague" Challenges to Texas Prompt Payment of Claims Act
  • Court Holds "Use of Vehicle as a Vehicle" is Required to Trigger Coverage Under Commercial Auto and Umbrella Policies
  • Texas Supreme Court Rules A Fact-Finder Should Resolve Ambiguity Issues
  • Texas Supreme Court Holds Prejudice Rule Applies to Claims-made Policy
  • Texas Supreme Court Applies Prodigy Requiring Prejudice to Deny Late Notice Claim in a Claims-made Policy
  • Legislative Update: HB 911 Proposes Operational Changes to the Texas Windstorm Insurance Association
  • National Flood Insurance Program Does Not Preempt Negligent Misrepresentation Claims Against Write-Your-Own Insurer
  • Attorney Errors & Omissions Policy Provides Defense for Third-Party Suit Alleging Conversion, Wrongful Levy & Sale
  • Renovated Property Endorsement Provides Defense for Negligent Renovation Claims
  • Written Agreement Between Agent and Insured Did Not Give Rise to Fiduciary Duty in Obtaining Insurance
  • Employee's Injuries, While Not Directly to Feet and Hands, Sufficient to Support Loss of Use Jury Finding for lifetime Income Benefits Under Workers Compensation Law
  • Under Former Section 74 Regarding Health Care Liability Claims, Requirement of Service of Expert Report Cannot be Overcome by Providing to Insurer or Court and No Exception for Diligence Exists
  • United States Supreme Court Grants Time to Insurer at Oral Argument in Appeal of Bankruptcy Jurisdiction Over Asbestos Victim Direct-Action Suits Against Insurers
  • Texas Supreme Court Conditionally Grants Mandamus Relief to Clarify Prior Decision Did Not Impose a Presumption Against Contractual Jury Waiver
  • Another Texas Appellate Court Interprets TRCP 41.0105 and Holds for the First Time Plaintiff's Medical Bills Discharged in Bankruptcy Were Neither Paid Nor Incurred Under the Statute
  • Despite Texas Administrative Code Provision to the Contrary, Dallas Court Rules Workers Compensation Carrier Waived Right to Contest Compensability of Extent of Injuries
  • Mandamus Granted to Allow Carrier Discovery of Insured’s “Understanding of Coverage” to Defend Bad Faith Claims
  • Legislative Update
  • Evidence of Amount "Billed" for Medical Services Legally Insufficient to Support Amounts "Paid or Incurred"
  • U.S. District Court Segregates Recoverable and Non-Recoverable Attorney Fees
  • Texas Supreme Court Revisits Three Prior Opinions to Decide Issues Arising from a Coverage Dispute Between Two Insurers and Home Builder
  • Fifth Circuit Interprets Contract and Holds Insurance Clause Language Unambiguous
  • Houston's Fourteenth Court of Appeals Limits Analysis of Plain and Ordinary Meaning to the Use of Term Within Policy, Refusing to Consider Other Meanings that Might be Available
  • Harris County District Attorney Loses Argument that it Takes Ownership of Vehicle Fraudulently Obtained Over Insurer's Title in Vehicle Obtained Through Payment of Fraud Policy Claim
  • Business Risk Exclusions Don't Apply to Property Damage Occurring During Suspended Operations
  • Court Applies "But For" Standard to Professional Liability Brokerage Exclusion, Finds No Coverage
  • Notice and Settlement Without Consent Condition Precludes Subrogation Claim Against Additional Insurer
  • Federal Court Holds Duty to Defend Triggered in Underlying Suit Involving Professional Liability Dispute Between Law Firm and Its Former Clients
  • Appellate Court Affirms Motion for Default Judgment Against Workers' Compensation Carrier Even Though Plaintiff Did Not Serve Amended Petition
  • Appellate Court Affirms Sanctions Against S.O.R.M. for Frivolous Lawsuit to Challenge TWCC Decision on Compensability of Correctional Officer’s Injury
  • Business Personal Property Does Not Include Tenant-Owned Property
  • Insurers Not Entitled to Attorneys Fees and Costs in Interpleader in Federal Court
  • In a Matter of First Impression for Texas Courts: Comparative Liability is Assessed Before "Actually Paid or Incurred" Limitation on Recovery is Applied
  • Responsible Third-Party Designation Cannot Be Used to Circumvent Health Care Liability Limitation Period
  • Manslaughter Conviction Insufficient to Support Summary Judgment on "Expected or Intended" Exclusion
  • ****** SPECIAL EDITION ******
    Most Important Decisions of 2008
  • Texas Supreme Court Holds "Good Samaritan" Injured While Assisting a Stranded Motorist Was Not Entitled to Employers' Underinsured Coverage as He Was Not "Occupying" His Vehicle at the Time of the Accident
  • Texas Supreme Court Overrules Prior Decision on Carrier's Deadline to Contest Compensability for an Injured Worker's Claim
  • Fifth Circuit Holds Carrier Did Not Establish Prejudice by Virtue of Untimely Notice After an Electrocution Accident Involving a Crane Operator
  • Fifth Circuit Applies Mid-Continent v. Liberty Mutual Decision and Holds No Right of Subrogation After Full Indemnification
  • Interpreting Lamar Homes: Policyholder Need Not Submit Legal Bills to Insurer to Trigger Chapter 542 Damages
  • Related-Entity Exclusion in Professional Liability Insurance Policy Found to Be Ambiguous and Construed to Apply to Facts Existing at Time Professional Services Performed
  • Dallas Court Liberally Interprets Don's Building Supply to Determine Duty to Defend
  • Tyler Court Applies Don's Building Supply to First Party Claim Requiring Insurer to Prove Actual Date of Loss to Vacancy Exclusion
  • Proposed Texas Insurance Legislation Pre-Filed
  • ****** SPECIAL EDITION ******
    Report on Texas Workers' Compensation Bad-Faith Litigation
  • Texas Supreme Court Allows Liability Insurer to Appeal Issue which Insured Intentionally Waived
  • Plaintiffs Allowed to Ignore Longshore and Harbor Workers' Compensation Act in Favor of State Law Wrongful Death Claim Even Though Employees Were Exempt from Workers Compensation Coverages
  • Court Finds Evidence to Support Insurer's Equitable Subrogation Claim
  • Federal Court Allows Expert Testimony to Proceed in Uninsured Motorist Case
  • Proposed Texas Insurance Legislation Pre-Filed
  • Hurricane Rita MDL Panel Issues Orders to Clarify Confusion about Consolidated Cases and, in Response, Plaintiffs' Counsel Files Mandamus with the Texas Supreme Court
  • Federal Court Grants Summary Judgment in Favor of Auto ANCE Carrier on UIM Claim by Spouse but Denies Summary Judgment on Insured Driver's Extra-Contractual Claims
  • Texas Chapter 542 Claim Handling Tree
  • Appellate Court Reverses County Court Venue Ruling and Remands Case to Transfer Venues
  • Amicus Support Needed from Any Interested Carriers on Mid-Continent v. Liberty Issues before the 5th Circuit
  • ****** SPECIAL EDITION ******
    Special Texas Election Report
  • Workers Compensation Insurer's Decision to Later Pay a Previously Denied Claim Does Not Alleviate Need for Claimant to Obtain Admin Ruling that Initial Denial Was Improper Before Suing for Wrongful Denial
  • Today's Election Has Local Judges Nervous
  • Amicus Support Needed from Any Interested Carriers
  • Health Insurer's Past Reimbursement Practices Do Not Support Misrepresentation Claims
  • Disability Plan Abused Discretion in Denying Benefits
  • Premium Finance Company Entitled to Refund of Unearned Premium
  • Motion to Remand Denied Because Texas Lloyds Company Was Only Party in Interest for Diversity Purposes and Lloyd's Entity Was Subject to $75,000 Amount in Controversy
  • Appellate Court Affirms Decision to Deny Plaintiff's Motion to Exclude Expert Testimony Related to Employee's Intoxication
  • Appellate Court Issues Rare Decision to Overrule an Administrative Agency's Interpretation of It's Own Statute Leading to a Reversed Dismissal and Attorneys' Fee Award
  • Multidistrict Litigation Panel Denies Motion for Reconsideration and Clarification for Transfer of Additional Lawsuits to a Single Pretrial Judge
  • First Court of Appeals Holds "Wholly Lacking Notice" Supports Finding of Prejudice as a Matter of Law
  • Applicant Charged with Knowledge of the Policy Provisions as a Matter of Law Cannot Reasonably Rely on Agent's Statements to the Contrary
  • Motion for Rehearing to Challenge Supreme Court Ruling in Don's Building Supply Refusing to Recognize Manifestation Trigger Rule for Latent Property Damage
  • Insurer's Unconditional Tender After Suit Filed Reduces Late Payment Penalty
  • Subcontractor Protected by Workers' Compensation Act and Owner Controlled Insurance Program
  • Underinsured Motorist Insurer Entitled to Amend Pleadings / Claim Offset
  • Multi-District Litigation Panel Issues Order to Appoint San Antonio Judge to Coordinate Pre-Trial Proceedings for Certain Hurricane Rita Cases from Southeast Texas
  • Federal District Court Holds Duty to Defend Triggered, But Only When  Primary Policy Has Been Exhausted
  • Federal Court Denies Plaintiff's Motion for Leave to File Amended Complaint in an Attempt to Join Non-Diverse Defendant
  • Appellate Court Holds Res Judicata Bars Bad Faith Litigation Against Insurance Company
  • San Antonio Court Holds Bifurcation Sufficient to Protect Insurer from Prejudice Caused by Introduction of Evidence of Settlement Offer in Breach of Contract Action
  • Hurricane Ike Update
  • Texas Supreme Court Finds "Actual Injury" or "Injury-in-Fact" Triggers Property Damage Coverage Under CGL Occurrence-Based Policy
  • Texas Supreme Court Clarifies Wilkinson Exception to the General Rule that Coverage Cannot Be Created by Waiver and Estoppel
  • Multidistrict Litigation Panel Grants Insurer's Request to Transfer Hurricane Rita Cases to a Single Court to Coordinate Pre-Trial Proceeding
  • Insured Cannot Trigger Replacement Cost Coverage by Purchasing Commercial Office Building to "Replace" Destroyed Apartment Complex
  • Fifth Circuit Determines Primary Insurance Policies Cannot Be Stacked to Increase Coverage Available to Insured to Respond to Nursing Home Negligence Case
  • Trial Court Not Required to Enter Findings of Fact or Conclusions of Law on Order Granting Interpleader and Dismissing Insurer
  • Federal District Court Judge Analyzes "Local Controversy" Exception to "Class Action Fairness Act" - Orders Remand of Class Action Bad Faith Suit
  • Court Rejects Primary Insurer's Contractual and Equitable Subrogation Claims Seeking Recovery of Overpayment from Excess Insurer
  • Failure to Transfer Title After Sale Does Not Support Negligent Entrustment Claim
  • Firth Circuit Applies Eight Corner Rule and Holds Carrier Owed Duty to Defend in Underlying Liability Lawsuit
  • Federal Court Holds Passenger Denied Recovery for Driver's Uninsured Motorist Coverage
  • Federal Magistrate Orders Production of Incident Report Prepared by Nonparty Insurance Broker
  • Workers Comp Bad Faith Update: Houston Court Affirms Extra-Contractual Award Against Insurer for Failing to Conduct a Reasonable Investigation and Not Having Any Evidence to Support the Denial of a Comp Claim
  • Dallas Court Finds Property Endorsement for Sewer Back-up Unambiguous and Ancillary Claims for Business Losses Also Fall Within Its Limits
  • Insurer Wins Turnover Order Against Lawyer Found to Have Participated in Insurance Fraud Scheme
  • Transfer of Possession and Control Determines Auto Ownership for Insurance Purposes
  • Court Finds "Cancellation of Prior Insurance" Provision is Ambiguous
  • Fact Issues Exist on UM Insurer's Late Notice Policy Defense; Emotional Injury Is Not "Bodily Injury"
  • Fifth Circuit Holds Insurers Do Not Owe Duty to Defend or Indemnify in Subrogation Matter Arising from a Defective Concrete Slab
  • Federal District Court Applies Lamar Homes Decision and Concludes Insurer Had a Duty to Defend Its Insured Based on Alleged Construction and Design Defects in Underlying Suit
  • Appellate Court Affirms No-Evidence Summary Judgment on Extra-Contractual Claims, But Reverses Insurer's Traditional Summary Judgment Due to Fact Issues Arising from a Damage Dispute Associated with a Water Claim
  • U.S. Supreme Court Finds Health Plan Administrator’s Dual Role of Both Evaluating and Paying Claims Creates “Conflict of Interest”
  • Bystander's Physical Manifestations of Emotional Distress are "Bodily Injury" Under UM/UIM Coverage
  • MDJ&W Congratulates State Farm and AAA-Texas on Significant Trial Wins in Harris County
  • Fifth Circuit Rules Knowing Violation of the DTPA Could Still Constitute an "Occurrence" Under a Commercial Umbrella Policy
  • Tyler Court of Appeals Opines on Basic Stowers Requirements: A Stowers Demand Must Offer to Release the Same Party from Whom the Assignment of the Stowers Claim is Later Taken
  • Texas Supreme Court Holds "Chapter 33 Proportionate Responsibility Scheme" Applies to U.C.C. Article 2 Breach of Implied Warranty Claim Arising in Tort
  • Texas Supreme Court Grants Mandamus Relief to Compel Arbitration and Enforce Forum Selection Clause
  • Dallas Appellate Court Applies Doctrine of Concurrent Causation and Holds Replacement Cost of Roof Measured by Amount to Replace Hail-Damaged Tiles Only
  • Houston Appellate Court Affirms Decision to Grant Plea to Jurisdiction Because Plaintiff Failed to Exhaust Her Administrative Remedies
  • Fifth Circuit Finds Coverage For Punitive Damages Unavailable Given the "Extreme Circumstances" Surrounding Insured's Tortous Conduct
  • Texas Supreme Court Withdraws Prior opinion and Liberally Construes Additional Insured Provision
  • Texas Supreme Court Holds Subcontractor Has Standing to Sue Manufacturer Under Doctrine of Equitable Subrogation
  • Waco Court of Appeals Finds HO-B Policy Provides Coverage for Mold Damage Resulting from Plumbing Leakage or Other Similar Discharge
  • Non-Waiver Agreement Protected Insurer’s Right to Seek Reimbursement Despite Delay in Raising Coverage Question
  • Fifth Circuit Finds Coverage for Inspection of Ladder Despite Policy’s Professional Services Exclusion and Testing or Consulting Errors and Omissions Exclusion
  • Two Pollution Exclusion Clauses Held Unambiguous and Enforced to Exclude Coverage
  • Dallas Court Holds that Insurer’s Failure to Accept Stowers Demand According to Its Terms May Have Constituted Counteroffer
  • Arkansas Supreme Court Refuses to Recognize Reimbursement Rights for Insurers on Uncovered Claims
  • Individual Named Insured is Not Entitled to Recover on Property Held by Wholly Owned Corporate Entity
  • Non-Subscriber's Arbitration Agreement Binding on Survival Action But Not Wrongful-Death Claim
  • Court Enforces Homeowners' Policy Arbitration Clause
  • Houston Federal District Court Evaluates Construction Defect Coverage Claims After Lamar Homes and the Availability of Contribution/Subrogation Claims Between Insurers
  • Texas Supreme Court  Rules Attempted Attempted Removal to Federal Court or Transfer to Another Venue Does Not Waive Arbitration Agreements
  • Amarillo Court of Appeals Determines Texas Windstorm Insurance Association Can Bring Declaratory Judgment Actions Against Individual Insureds
  • Reasonable Belief as to Permission to Use a Vehicle Must be “Objectively Reasonable” to Avoid Exclusion in Standard Texas Auto Policy
  • Trial Court Improperly Prohibited Parties from Interviewing Jurors Discharged After a Mistrial in First-Party Insurance Case
  • Texas Sink Holes and Coverage
  • Texas Supreme Court Holds Right to Arbitration Waived
  • Court Affirms Exemplary Damages Award Against Insured
  • Insurance Code Does Not Require Insurers to File Installment Plan Charges with the Texas Department of Insurance
  • Fifth Circuit Courts Continue to Tangle with Texas’ Eight-Corners’ Rule
  • New Mexico High Court Holds Actual Notice From Any Source Triggers Duty to Defend
  • Houston Appellate Court Affirms Decision that UM/UIM Coverage was Excluded for a Claim Against a Family Member
  • Austin Appellate Court Holds Homeowners Not Entitled to Attorneys' Fees While Insurance Carrier may Pursue Subrogation Rights Against Settlement Proceeds
  • Amarillo Appellate Court Finds Reversible Error for Trial Court's Failure to Charge Jury on Issue of Timeliness of Notice of Rescission of the Insurance Policy
  • Refusal to Admit Trade-Usage Evidence Creates Reversible Error
  • Forum Selection Clause Waives Right to Removal
  • Texas Supreme Court Rejects Effort to Subvert Workers Compensation Subrogation Rights
  • Texas Supreme Court Finds Collision with Dislodged Axle-Wheel Assembly Fails to Trigger UM/UIM Benefits
  • Fifth Circuit Finds Admission of Evidence of Grand Jury's Refusal to Indict Insured for Arson is Reversible Error
  • Texas Supreme Court Holds Insurance Companies May Use Staff Attorneys to Defend Liability Claims Against Insureds if Interests are "Congruent"
  • Houston Court of Appeals Rules Non-Insured Cannot Recover from Insurer or Its Agent on Information Outside the Actual Policy
  • Insurance Company Barred from Recovery Against Negligent Broker, Court Rejects Arguments that Broker’s Negligence “Undiscoverable”
  • Beaumont Court Holds Payment on Disputed Claim Not Settlement Offers, But Payments for Covered Losses Under the Policy, Insufficient to Support a Motion to Sever and Abate
  • Duty to Defend Does Not Extend to Defensive Counterclaims After Summary Judgment Granted to Insured
  • Mid-Continent v. Liberty Mutual Shock Waves Continue - Insurer Denied Contribution Rights Against Co-Insurer
  • Fifth Circuit Continues Consistent Treatment of Mold Claims under Texas Homeowners’ Policy
  • Texas Supreme Court Reverses Summary Judgment in Declaratory Judgment Action for Insurer on CGL Policy Based on “Your Work” Exclusion
  • Insurer Unable to Obtain Summary Judgment on Insured’s Breach of Cooperation Clause that Resulted in Default Judgment
  • Fifth Circuit Continues Consistent Treatment of Mold Claims under Texas Homeowners’ Policy
  • $9 Million Bad Faith Award in California Health Insurance Case Consistent with Increased Trend in Such Suits in Texas
  • Fifth Circuit Finds Mold Not Covered Under Homeowners Policy But Orders New Trial on Mitigation of Damages and Condition Precedent Jury Charge Issue
  • Federal Court Holds Civil Authority Provision Did Not Cover Business Interruption for Medical Clinic Closed in Anticipation of Hurricane Rita
  • Texas Supreme Court Holds Public Policy Does Not Prohibit Insurance Coverage for Punitive Damages
  • Texas Supreme Court Holds Insurer Has No Duty to Notify Additional Insured of Available Liability Coverage and Actual Knowledge of Suit Against the Insured Des Not Preclude a Prejudice Finding
  • Texas Supreme Court Withdraws 2006 Opinion and Liberally Construes Additional Insured Provision
  • Fifth Circuit Holds Excess Liability Coverage Was Not Triggered Despite Primary Carrier's Policy Limits Tender
  • Appellate Court Holds Late Notice of Occurrence Did Not Prejudice Insurer and Benefits Were Owed
  • Changes to Medicare Law Could Affect Personal Injury Claim Settlement Practices
  • Texas Supreme Court Reverses Course in New Opinion in Frank’s Casing
  • Waco Court Determines Injured Dallas Cowboy Player Entitled to Workers Compensation Benefits in Addition to Contractual Salary and Medical Benefits
  • Owners/Employees Avoid ERISA Preemption by Proving Health Insurance Purchased for Mere “Bookkeeping” Purposes Covered Only Owner/Employees
  • Injuries Caused by Alzheimer's Patient Who "Knocked Down" Another Held Within Coverage
  • No Comp Benefits for Dependent Grandchild After Dependent Child (i.e. the Mother) Loses Eligibility
  • Notice of Claim to Employee Imputed to Insured
  • Appellate Court Affirms Ruling that Costs for Defective Repairs Were Not Covered Under Appellant's Personal Auto Policy
  • Federal Court Rules Water Exclusion Applies to Bar Coverage for Water Damage to Law Firm Building
  • Appellate Court Holds Carrier Did Not Breach Its Contract with Insured by Denying Coverage for Mold
  • Texas Supreme Court Holds Insured’s Failure to Comply With CGL Policy’s Prompt-Notice Provision Does Not Defeat Coverage Unless that Insurer was Prejudiced by the Delay
  • Corpus Christi Court of Appeals Limits Analysis of Fortuity Doctrine to Eight-Corners of Petition and Policy
  • Dallas Court of Appeals Holds that Claim Under Broad Form Liability Policy May Fall Within Both CGL Coverage and CPPL Coverage, Affording Insured Highest Applicable Limits
  • Question Addressing Prejudice Requirement Under Claims-Made Policy Certified to Texas Supreme Court
  • Successful Assertion of Governmental Tort Claims Immunity Eliminates Exception to Contractually Assumed Liability Exclusion
  • Court Finds "Illegal Use of Alcohol" Exclusion Precludes Coverage for ERISA Plan Beneficiary's Death in Single Car Accident
  • Texas Supreme Court Denies Rehearing on Landmark Ruling Which Permits Application of Texas' Prompt Payment Penalties to Third-Party Liability Claims
  • Texas Supreme Court Determines That a Worker’s Employment Status is Issue of Compensability Governed by Labor Code
  • Fifth Circuit Panel Refuses to Allow Certificate of Insurance to Expand Terms of Insurance Policy
  • Run-off Claims and Expenses Need Not Be Reasonable, Merely Incurred, Under Terms of Agency Agreement and Reinsurance Treaty
  • Texas Court Applies Manifestation Trigger to Homeowner's Property Damage Claim
  • CGL Insurer Had No Duty to Defend or Indemnify, "Products - Completed Operations" Exclusion Precludes Coverage
  • Federal Court Rules that Plaintiff's State Insurance Allegations Were Preempted by ERISA1
  • Federal Court Dismisses Putative Class Action Seeking Damages Against Carrier Who Issued Pre-1982 Policies
  • Statement to Insurance Investigator Sufficient to Support Insurance Fraud Conviction
  • Collateral Source Rule Does Not Bar Evidence of Proceeds of Insurance Policy Purchased by Defendant
  • House Passes HR335 – Homeowners Defense Act of 2007 Federal Disaster Insurance Measure
  • Fifth Circuit Rules on Significant Hurricane Katrina Issues -- Mississippi Homeowner’s Policy Unambiguous and Policy Provisions Override Mississippi’s Efficient Proximate Cause Doctrine
  • Firm Helps Launch National Insurance Law Forum
  • Texas Supreme Court Holds that Oral Settlement Agreements Are Unenforceable Under Rule 11
  • Homeowner’s Policy’s Recreational Vehicle Exception to Motor Vehicle Exclusion Unambiguous But Plaintiffs Escaped Summary Judgment Through Application of Eight-Corners Rule
  • Court Affirms No-Evidence Summary Judgment in Mold Claim
  • MDJW Insurance Team Wins $5 Million Equitable Subrogation Claim
  • Federal District Court Denies Motion for Summary Judgment Based on Lack of Evidence to Show Intent to Deceive
  • Appellate Court Reverses Decision to Modify Impairment Rating After Statutory MMI Was Reached
  • Order Moves Galveston Federal Judge to Houston and Shuffles Case Assignments
  • Texas Supreme Court Grants Mandamus Relief to Compel Arbitration in Construction Defects Case
  • Employee's Children Not Bound by Nonsubscriber's Arbitration Provision
  • Texas Supreme Court Rejects Contribution and Subrogation Claims Between Settling Co-Insurers
  • Texarkana Court Finds That Plaintiff Suffered No Damages and Reverses $350,000 Judgment Against Medical Malpractice Insurer for Not Renewing a Policy
  • Federal District Court in Dallas Declines to Abstain from Deciding Declaratory Action, Denies Motion for More Definite Statement. and Denies Motion to Join Insurance Agent in Coverage Suit
  • Fifth Circuit Affirms Trial Court's Summary Judgment for Health Insurer Regarding Insured's Extra Contractual Claims Because There Was a Bona Fide Dispute as to Coverage
  • Appellate Court Holds that Arbitration Agreement Provision to Appeal an Arbitration Award was Valid
  • Texas Supreme Court Rules That Insurance Code Does Not Create a General Fiduciary Duty Applicable to Third -Party Administrators, Rather a Duty, If Any, is Established by Contract
  • Fifth Circuit Rejects Extra-Contractual Claims Against Write-Your-Own Flood Insurer
  • Court Finds "Loss of Use" Contemplates Pre-Existing Interest and Insurer Had No Duty to Defend
  • Dallas Court Rejects Efforts to Expand Stowers Duty to Include Negligent Defense of the Insured
  • Premises Owner Qualified for Workers' Compensation Exclusive Remedy Defense
  • Federal Court Allows Extrinsic Evidence Related to Contract to Establish Whether Liability Arose Out of Subcontractor's Work
  • Hurricane Katrina Loss Entitles Company to Recover Extra Expense Benefits But Not Business Income or Additional Expenses
  • ****** SPECIAL EDITION ******
    Special Report on Texas Workers' Compensation Bad-Faith Litigation
  • Houston Court Holds Commercial Policy’s “You” Defined as Corporate Named Insured is Clear and Unambiguous and Does Not Include Employees
  • Fifth Circuit Rules that Disability Plan Administrators May Rely on the Department of Labor’s Dictionary of Occupation Titles in Defining Plan Terms to Establish the Minimum Baseline of Abilities Necessary to Perform a Job
  • The Dallas Court of Appeals and the Division of Workers Compensation Disagree as to the Extent of the Division’s Exclusive Jurisdiction
  • Fifth Circuit Suggests New Cause of Action Combining Extortion and Fraud May Be Required to Combat Insurance Fraud Perpetrated by Medical Providers
  • Federally Prescribed Form Endorsement MCS90B Does Not Provide Coverage for Bus Accident in Mexico
  • Jurisdictional Abatement Cannot be Lifted for Limited Purpose of Conducting Discovery
  • Fifth Circuit Holds Pollution Exclusion Overrides Indemnity Agreements
  • Intentional Acts Exclusion Precludes Coverage for Auto Accident During Police Chase
  • Court Upholds "Vandalism" Finding in Spite of "Collision" with Other Vehicle
  • Insurer's Timely Payment of Appraisal Award Doesn't Violate Article 21.55
  • Court Holds Article 21.21 Mandates Recovery of Attorneys' Fees to Prevailing Party Who Recovers Damages on Claim, but Evidence Was Not Conclusive as a Matter of Law to Render Award for Attorneys' Fees
  • Fifth Circuit Certifies Two Questions to Texas Supreme Court Related to the Proper Property Damage "Trigger" for CGL Policies
  • Texas Law Restricting Insurer's Promotion of Owned Body Shops Held to Violate 1st Amendment / Free Speech
  • Water and Mold Damage to Five Buildings in Apartment Complex Found to be a Single Occurrence
  • Court Examines Modified Manifestation Rule from Revised CGL Exclusion and Interprets "Delivered or Issued for Delivery in Texas"
  • ****** SPECIAL EDITION ******
    Supreme Court of Texas Finds Duty to Defend Construction Defect Allegations Under CGL Policies - Prompt Payment Penalties Also Apply
  • ****** SPECIAL EDITION ******
    Fifth Circuit Rules on Flood Exclusions in Hurricane Katrina Levee Breach Claim Cases
  • UIM Insurer Did Not Breach It's Contract or Violate Prompt Payment of Claims Act Prior to Judgment or Settlement
  • Appellate Court Applied Express Negligence Test and Finds Indemnity Provision Invalid While Also Denying Contract Reformation
  • Court Applies Fodge Decision and Holds Claimant Must Exhaust Administrative Remedies Prior to Seeking Extra-Contractual Damages Against Workers' Compensation Carrier
  • Court Holds Reinsurance Claim is Not a "First Party Claim" under Texas Prompt Payment of Claims Act
  • Court Rejects Prejudice Requirement under Claims-Made Policy, Reverses Judgment in Favor of Insured
  • Dismissal of Employee's Claims Against Insurer Arising from Employer's Insurance on His Life - Upheld
  • Appellate Court Sets Aside Appraisal Award and Reverses Insurer's Summary Judgment
  • Mandamus Relief Denied to Insurer Requesting Appraisal
  • Appellate Court Affirms Summary Judgment in Favor of Residential Construction Material Supplier Against Homeowner
  • Fifth Circuit Broadly Interprets "Arising Out Of" Exclusion
  • Court Finds No Duty to Defend Water Intrusion and Other Construction Defects Claims Against Home Remodeler
  • Insurer's Direct Liability for Towing and Storage Charges on Total Loss Vehicle Affirmed
  • Equitable Made-Whole Doctrine Does Not Trump Insurer's Contract-Based Subrogation Right
  • Fifth Circuit Remands Bad Faith Lawsuit Against Insurer Sua Sponte After Removal Based upon Improper Joinder
  • Federal District Court Denies Motion to Dismiss Concluding $75,000 Jurisdictional Amount was Satisfied
  • Failure to Timely Produce Documents Results in $1,250,000 in Sanctions Against Insurer and Counsel
  • Insurer's Failure to Produce Damage Photos Supports Spoliation Instruction Against Insured
  • Failure to Disclose Prior Injury is Breach of Condition Precedent Precluding Coverage
  • Texas Civil Practices and Remedies Code and Recovery of Medical Expenses / Gov. Rick Perry Vetoes H.B. 3281
  • Overbroad Discovery Requests Subject to Mandamus
  • Mandamus Relief Applied to Order of Trial Setting
  • Supreme Court of the United States Defines Insurers' "Adverse Action" Credit Reporting Duties
  • Differing Definitions of "Your Work" and Meaning of "Coverages Afforded" Result in Umbrella Insurer's Horizontal Coverage
  • "Action over Exclusion" Precludes CGL Coverage for Additional Insured when the Named Insured's Employee Suffers Injuries
  • Liability Insurer Entitled to Medicare / Medicaid Records in Stowers Action Defense
  • Nonsuited Third Party Beneficiary Recovers Attorney Fees in Declaratory Judgment Action
  • No Prejudice Required for Late Notice Policy Defense in First-Party Homeowner's Policy Claim
  • “Your Work” and "Your Product" Exclusions Re-Visited by Fifth Circuit
  • Fifth Circuit Interprets First-Party Property Deductible Clause
  • Effect of Corporate Merger on Key Man Policy
  • Staff Leasing Company's Workers Comp Coverage Protects Client Company
  • Take Nothing Judgment on Arson Defense Upheld
  • DRI’s National Bad Faith Seminar
  • Snap-Back Provision Versus Rule 192.3(E)(6) Discoverability of Documents Provided to Testifying Expert
  • Unattended Vehicle Coverage Endorsement Clearly Precluded Theft Claim
  • Leased-In Worker Exclusion Found Unambiguous
  • What Constitutes Code Compliance in Satisfaction of the Demolition and Increased Cost of Construction Provision of First-Party Property Policy and Restoration to Pre-Loss Condition
  • Survivability of DTPA and Insurance Code Claims
  • Does MCS-90 Require Excess Carrier to "Drop Down" Due to Insolvent Self-Insured?
  • Independent Contractor Does Not Come Within the Parameters of the Employer's Liability Exclusion
  • UIM Offset Need Not Be Pled as an Affirmative Defense
  • Eastern District Court Rules Single Accident Involving Two Vehicles Constitutes Two Occurrences
  • Court Addresses Carrier's Retro Premium Based Upon Subcontractor's Maintenance of Liability Limits Endorsement
  • Third-Party Claimant Can Seek Declaratory Relief from Insurance Carrier on the Duty to Defend and Indemnify the Tortfeasor/Insured
  • Supreme Court Hears Arguments in Ulico Casualty
  • Houston Federal Court Rejects Consequential Mold Damage Theory in Plaintiff's Effort to Overcome Fiess
  • What Constitutes an Excuse Sufficient to Excuse Late Notice?
  • Independent Adjuster’s Investigation was Within the Realm of “The Business of Insurance” So as To Render Him Potentially Liable for Claim
  • EEOC Charge & Subsequent Lawsuit are “Related Claims” Late Notice Precludes Coverage Under Claims Made Policy
  • Insured Waived Right To Arbitrate By Filing Suit
  • Legislative Update
  • UM Waiver is Sufficiently Explicit Without Requiring Translation for Non-English Speaking Insured
  • Fourteenth Court of Appeals Re-Visits Materiality of Breach of Conditions Precedent to Coverage
  • Waiver and/or Estoppel Concerning the Duty to Defend
  • Waiver of Care, Custody or Control Exclusion
  • Legislative Update
  • Fifth Circuit Applies “Good Health” Condition Precedent to Life Coverage –Judgment Reversed and Rendered
  • Court Applies “Bridge Endorsement” To Sequential and Overlapping “Occurrence-Based” & “Discovery-Based” Policies
  • Legislative Update – Significant Insurance Related Bills
  • Southern District Jurist Revisits Post-Deposition Removal Based on Improper Joinder of Adjuster
  • Known Loss Doctrine Applied to Advertising Injury Coverage
  • House Bill 1589 Expands HB 1197
  • "Conditions of Service" on Staff Leasing Company's Time Sheet Supports Fact Issue on Workers' Comp Coverage Obligations
  • Contractor's Premises Liability Claim Against Homeowner Proceeds - Summary Judgment Overturned
  • Texas Legislature in Session - Insurance Related Bills Pending
  • Whether 1991 Changes to the Texas Insurance Code and Prompt Payment of Claims Statute Continue to Exempt Interpleader Actions
  • Severance and Abatement of Extra-Contractual Claims
  • Subrogation Rights Include Related Contractual Risks
  • Insurer Bound by Settlement Agreement Despite UIM Policy Limits Mix-up
  • Texas Insurance Code Does Not Prohibit Beneficiaries Grant of Security Interest in Structured Settlement Proceeds
  • What Constitutes Evidence of "Vacancy" for Purposes of Homeowners' Insurance Vacancy Clause / Exclusion
  • Carriers's Protection of Subro Interest and Its Impact on the Common Fund Doctrine
  • Fifth Circuit Addresses Federal Court
  • Limitations Precludes Suit Against Insured by Contractor Who Lacked Requested Coverage as an "Additional Insured"
  • Dec Action Default Fails to Preclude Third-Party Lawsuit Seeking Insurance Benefits
  • Vague Allegations Suffice to Assert "Bodily Injury" Without Destroying Commonality for Class Action Status
  • "Corrosion" versus "Decay" Property Coverage Interpreted
  • Whether Water Collecting on Man-Made Patio Constitutes "Surface Water"
  • Use of Extrinsic Evidence Improperly Used to Avoid Duty to Defend
  • Court Personnel's Inadvertent Disclosure of Documents Subject to Protective Order Does Not Destroy Confidentiality
  • Texas Supreme Court Defines UM/UIM Coverage and Its Impact on Claims for Prejudgment Interest and Attorney Fees
  • Dallas Office Expands
  • Austin Office Relocates
  • Court Addresses Whether Additional Insured On Policy May Obtain Coverage for Its Contractual Indemnity Obligations to Third Party
  • Whether Allegations of Negligently Selling Defective Homes at Inflated Prices to Non-Creditworthy Buyers Qualifies as an “Occurrence” Resulting in “Property Damage”
  • Court Addresses Breach of Contract for Insured’s Alleged Failure to Procure Coverage
  • Houston Court Evaluates Pre-Loss Releases and Contractual Indemnities
  • Bodily Injury from Defective Implants Excluded by Products-Completed Operations Hazard
  • Court Finds Fact Issue Concerning Defense Attorney's Ability to Consent to Claim Assignment
  • Court Finds Late Payments Penalty Does Not Apply to UIM Claim 2 Days After Judgment
  • Ft. Worth Court Applies Fortuity Doctrine to Claims-Made Policies
  • Texas Supreme Court Refuses to Hear Prompt Payment of Claims Case Dealing with the Statutory Requirement of "Written Notice of the Claim"
  • Houston Court Addresses Employment Practices Exclusion
  • ******** SPECIAL EDITION ********
    New Federal Court Discovery Rules Begin This Week
  • What Elements of Damages May Be Considered in Establishing "Amount in Controversy" to Satisfy Federal Jurisdictions?
  • Bifurcation Versus Severance in Insurance Contractual and Extra-Contractual Claims Cases
  • Plaintiffs' Firm Publicizes Allegations of Alleged Abuse by Allstate for Hundreds of San Antonio Area Policyholders
  • Release Precludes Recovery & 21.55 Does Not Apply to Indemnity Claim Against Excess Liability Insurer
  • Insurer's Attorney-In-Fact Properly Dismissed & Statute of Limitations Barred Liability
  • Scope of Discovery of Non-Party Witness Personnel Records
  • Fifth Circuit View of Frank's Casing
  • “Manifest Disregard for the Law" Sufficient to Set Aside Arbitration Award
  • Decision Allowing Appraisal on "Extent" of Hail Damage Unchanged on Rehearing
  • Court Denies Severance & Abatement of Bad Faith Claims in Astros' Disability Insurance Lawsuit over Jeff Bagwell
  • Court Finds Children's Mental Anguish Claims Subject to Per Occurrence, Not Per Passenger, Policy Limit
  • Fifth Circuit Affirms Decision Finding CGL Auto Exclusion Precludes Coverage for Injuries to Child Left Unattended in Day Care Van
  • Federal District Court Creates Three Prong Pollution Exclusion Test
  • Professional Services Exclusion Re-Visited
  • Fifth Circuit Examines Excess Carrier's Subrogation Rights
  • Appellate Court Affirms Judgment Rejecting Homeowners' Seismic Testing Damage Claims
  • Court Holds Fiess Trumps Balandran - Mold Damage to Dwelling Excluded Even if Caused by Plumbing Leaks
  • Insured Must Establish Contractual Claim Before Pursuing Extra-Contractual Damages
  • What are "Garage Operations" and "Repossession Operations"
  • Fifth Circuit certifies Additional Insured’s Late Notice Issues to Texas Supreme Court
  • May the Nature of the Insured’s Business as Described on the Policy’s Declarations Be Considered in Determining “Insured” Status?
  • Texas High Court Considers Contractual Waiver of Right to Trial by Jury
  • Conflicting Views on Whether Fraud and "Knowing" Conduct May Qualify as an "Occurrence"
  • Permissive Use for After-Hours Use of Commercial Vehicle - Summary Judgment Reversed
  • Appellate Court Upholds Denial of Severance in Breach of Contract / Bad Faith Action - Bifurcation Order Sufficient
  • Severance Required when Insurer Joined as Defendant in Third-Party Liability Action
  • Northern District of Texas' Interpretation and Application of Rules of Construction, What Constitutes an Ambiguity, and Application of GuideOne's Extrinsic Evidence Rule
  • What Constitutes "Occupying" a Vehicle in the UM/UIM Context
  • Texas Supreme Court Denies Review of Significant Mold Coverage Case which Impacts Personal Property and Extra-Contractual Claims Beyond Fiess
  • ******** SPECIAL EDITION ********
    Texas Supreme Court Rules Mold Claims Not Covered in Texas
  • Two Courts Provide Consistent, Broad Interpretations as to the Scope of Release
  • Court Enforces Homeowners' Agreement to Limit Payment to Amounts Recovered from Insurer
  • Injured Passenger Entitled to Both UM/UIM and Liability Benefits Under Same Policy
  • Court Rejects Insurer's DTPA and Insurance Code Claims Asserted by Way of Subrogation and Assignment
  • Post-Offer Abatement of Extra-Contractual Claims Required Regardless of When Offer Extended
  • What is Not Sufficient to Satisfy the Conspicuousness Element of the Express Negligence Test for Contractual Indemnities
  • Court Finds "Extent" of Hail Damage to Roof is Subject to Appraisal
  • Settlement Without Consent Prejudiced Liability Insurer as a Matter of Law
Hurricane Ike Insurance Law Newsbrief
  • Trial Court Grants Insured's Motion to Compel Appraisal Despite Causation and Scope Issues
  • Jefferson County Litigation Update
  • Brazoria County Litigation Update
  • Legislative Update
  • Update on Litigation and Standing Orders in Jefferson County, Galveston County and Harris County
  • First Hurricane Ike Class Action Filed Against TWIA in Galveston County
  • Louisiana Federal Court Dismisses Katrina VPL Class Action Based Solely on Class Defined as Persons Whose Claims Were Not Properly Investigated and Paid
  • Louisiana Federal Court Denies Wind/Flood Bad Faith Class Certification in Katrina Case
  • Louisiana Federal Court Excludes Expert Testimony of Popular Policyholder Expert in Katrina Case
  • Appraisal Update Regarding Hurricane Ike Claims
  • Jefferson County Litigation Update
  • Galveston County Litigation Update
  • Harris County Litigation Update
  • 2009 Hurricane Season Forecast
  • Legislative Update: Windstorm Bill HB 4409 Passes
  • WYO Company Cannot Waive the Terms of SFIP, Including Proof of Loss Requirement
  • Fifth Circuit: Policy Holds Storm Surge Not Covered and Anticoncurrent Clause Not Ambiguous
  • NFIP Does Not Preempt Negligent Misrepresentation Claims Against Write-Your-Own Insurer
  • Louisiana Supreme Court Denies Writ on Case Allowing Limitations to Be Tolled on New Suits Against Carriers Named in Class Actions
  • Appeal of Louisiana Class Certification
  • Louisiana Court Holds: No Award for Cosmetic Matching of Vinyl Siding ; and Eight Day Late Payment Insufficient to Maintain Arbitrary and Capricious Act Against Insurer
  • Jefferson County Litigation Update
  • Galveston County Litigation Update
  • Harris County Litigation Update
  • Fifth Circuit Opines on Causation Testimony Needed to Sustain a Bad Faith Verdict in a Hurricane Katrina Case
  • Texas Legislature Considers Natural Disaster Cat Fund
  • Public Adjusters: What Role do they Play?
  • Wind Repairs Up to Code
  • Proof of Loss: What is Enough?
  • Burden on Insured to Show “Direct Loss” to Prevail on Summary Judgment
  • No Mental Anguish for Commercial Entities & Assigned Bad Faith Claim is Limited to Insured’s Original Bad Faith Claim
  • First Two Ike Bad Faith Lawsuits Filed
  • The National Flood Insurance Program (NFIP) Extends the Deadline to File Proofs of Loss for Flood Damage by 120 Days
  • Homeowners Are Facing a Surprising Issue in Their Attempt to Rebuild Their Homes
  • Proposed Change Regarding Requiring Coverage for Loss Incurred as a Result of Compliance with an Emergency Evacuation Order
  • Katrina Update: A Predictor of Ike?
  • Aggressive Plaintiff Lawyers Marketing Ike Insurance Claims
  • Will Ike Litigation Mirror Katrina Litigation?
  • Plaintiffs’ Lawyers Focus Media Attention in Houston but the Most Critical Damage is to the East
  • Texas Department of Insurance Ike Bulletin: Handle Claims “Quickly” and Pay Them “Promptly”
  • Pollution/Environmental Litigation is in the Pipeline too
  • Significant Plaintiffs’ Firms Stirring Up Ike Claims Already, Claiming Legal Disputes Will Be More Complicated and Contentious than Hurricane Rita Claims
  • Got Signature? Uncertainty Regarding Whether Windstorm Exclusion Endorsement Signed by Insured Must Be Located to Deny Coverage
  • The Future of Ike Claims and Lawsuits
Texas Health Law Newsbrief
  • SPECIAL REPORT - Hurricane Ike
  • Doctor and Lawyer Volunteers Needed for Drug Education Program
  • Medical Identity Theft Growing in Texas
  • HIPAA Updated to Include ICD-10
  • Houston Nurses File Labor Claims
  • CMS Ruling Increases Number of Never Events
  • Unfavorable OIG Advisory Opinion Regarding "Block Lease" Arrangements
  • Court Reverses Defamation Decision Favoring Doctor - Peer Review Defense Upheld
  • U.S. Supreme Court Finds Health Plan Administrator’s Dual Role of Both Evaluating and Paying Claims Creates “Conflict of Interest”
  • Health Insurers Fined $15 Million and Required to Re-instate Insureds
  • HHS Increasing Investigations of Alleged Privacy Violations
  • Texas Medical Board Reduces Backlog of Applicants
  • Proposed Bill Would Require Doctors to Disclose Ownership in Imaging Services
  • SPECIAL REPORT - Medicare Cuts Stopped - Congress Overrides Presidential  Veto
  • TDI Fines Insurance Company for Inappropriate Discounts
  • Texas Franchise Tax Rules Revised
  • Fast-track Procedure for Minor Violations Implemented by Texas Medical Board
Katrina / Rita Insurance Law Newsbrief
  • Louisiana Federal Court Judge Enters Ruling Finding Water Damage Exclusion Ambiguous in ISO-Standard Form Policies
  • State and Federal Court Judges are Poised to Enter Separate Water Damage Exclusion Rulings
  • Mississippi Update
  • Federal District Court Judge Grants Insurer Defendants' Rule 12 Motions in Louisiana Valued Policy Law Litigations
  • Developing Stories
Journal of Texas Insurance Law
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Winter 2008-2009
  • Are Contractual Indemnity Agreements Contracts Of Insurance?
  • My Policy, My Choice?—Insureds, Insurers & Selection of Counsel
  • The Texas MDL Statute and Insurance Litigation
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  • 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
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  • 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
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  • “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
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  • 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
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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
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  • 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
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  • Self Insureds Have No Extracontractual Duties
  • Coverage for Construction Defects under a Commercial Liability Policy --- Clarifying the Confusion
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  • 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
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  • “Damn Fools” – Looking Back at Stowers after 75 Years
  • Insurability of Punitive Damages in Texas
  • A Short Primer on Advertising Injury Coverage
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  • 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
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  • 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
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  • 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
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