Texas Insurance Law Newsbrief - May 3, 2017

May 3, 2017

COURT ENFORCES ARBITRATION PROVISION IN COVERAGE DISPUTE WITH ADDITIONAL INSURED

Last Thursday, the Beaumont Court of Appeals reversed a trial court ruling denying an insurer’s motion to compel arbitration and remanded the case with instructions to order the parties to arbitrate their coverage disagreement. Read more...

COURT APPLIES PREJUDICE REQUIREMENT TO INSURED’S FAILURE TO PROVIDE SWORN PROOF OF LOSS

On April 10th, Judge Amos Mazzant of the Eastern District of Texas adopted the report and recommendations of a magistrate and denied an insurer’s Rule 12(b)(1) and 12(b)(6) motions to dismiss.  Read more...

SOUTHERN DISTRICT JUDGE FINDS NO COVERAGE FOR LIQUOR RETAILER’S CHALLENGE TO INDEMNITY CLAIMS FOLLOWING CYBER BREACH

U.S. District Judge Gray H. Miller of the Southern District of Texas recently found that Texas liquor store chain, Spec’s Family Partners Ltd., is not entitled to coverage for approximately $4 million charged by its credit card processor following two data breaches.  Read more...