Newsbriefs
Texas Insurance Law Newsbrief 2023
- TRIAL COURT ABUSED DISCRETION BY APPOINTING ATTORNEY AS UMPIRE IN HOMEOWNERS INSURANCE APPRAISAL DISPUTE – MANDAMUS CONDITIONALLY GRANTED
- REINSPECTION AND SUPPLEMENTAL PAYMENT ON HAIL DAMAGE CLAIM FAILS TO SUPPORT UNFAIR CLAIM HANDLING ALLEGATIONS – PARTIAL SUMMARY JUDGMENT GRANTED
- INSURED’S FAILURE TO PROVIDE PROPER PRESUIT NOTICE, PRECLUDES RECOVERY OF ATTORNEY FEES
- INSURED’S MISREPRESENTATIONS IN APPLICATION SUPPORT RECISSION – COURT RENDERS JUDGMENT IN FAVOR OF INSURER
- CALIFORNIA CODIFIES PRE-SUIT SETTLEMENT DEMANDS
- AUSTIN FEDERAL MAGISTRATE DECLINES TO DETERMINE NUMBER OF OCCURRENCES UNTIL COMPLETION OF UNDERLYING SUIT
- AUSTIN FEDERAL MAGISTRATE RECOMMENDS DISMISSING MOST CLAIMS IN UIM BAD FAITH SUIT
- NO DAMAGES? THEN NO ATTORNEY’S FEES!
- CLAIMS FOR “UNFAIR” INSURANCE PRACTICES ARE NOT ASSIGNABLE, EVEN IN CASES OF LIFE AND DEATH
- IMPROPERLY JOINED DEFENDANTS’ CITIZENSHIP REALLY CAN BE IGNORED
- FEDERAL MAGISTRATE RECOMMENDS DENIAL OF INSURER’S MOTION TO PRECLUDE ATTORNEY’S FEES IN COVERAGE DISPUTE
- COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT ON EXTRA-CONTRACTUAL CLAIMS IN FAVOR OF INSURER
Texas Insurance Law Newsbrief 2022
- HARRIS COUNTY JURY RETURNS CARRIER VERDICT IN BAD FAITH SIU COMMERCIAL ROBBERY TRIAL
- FIFTH CIRCUIT RESOLVES SPLIT IN DEEPLY DIVIDED DISTRICT COURTS; ADOPTS RULE THAT VOLUNTARY-INVOLUNTARY RULE IS INAPPLICABLE IF AGENT IS IMPROPERLY JOINED AT THE TIME OF REMOVAL
- FIFTH CIRCUIT CONCLUDES THAT INSURER HAD NO DUTY TO DEFEND CLAIM OF ASSAULT AGAINST INSURED
- NORTHERN DISTRICT RE-AFFIRMS THAT STATUTE-BASED, INDEPENDENT INJURY FOR EXTRA-CONTRACTUAL INSURANCE CLAIMS ARE EXTREMELY RARE
- WESTERN DISTRICT OF TEXAS HOLDS PRE-TRIAL, NON-RETAINED EXPERTS NOT SUBJECT TO CONTINGENT-FEE WITNESS PROHIBITIONS
- FIFTH CIRCUIT: “COMPLETE DIVERSITY IS STILL REQUIRED EVEN IF ONE OR MORE DEFENDANTS HAVE NOT BEEN SERVED.”
- FEDERAL COURT GRANTS SUMMARY JUDGMENT FOR INSURER ON COMMERCIAL CYBER POLICY – BELIEVED TO BE THE FIRST MAJOR RULING ON THIS COVERAGE
- ONGOING DISPUTE DETAILS NATURE AND TERMS OF PUBLIC ADJUSTER / ATTORNEY AGREEMENT – SUMMARY JUDGMENT REVERSED
- ARTFUL REPLEADING TO DEFEAT LIMITATIONS DEFENSE FOUND TO BE ALL WET – FAILURE TO CHALLENGE FLOOD / SURFACE WATER FINDING ON APPEAL SINKS CLAIM
- MERE ALLEGATIONS OF BAD FAITH AND UNSUPPORTED INSURANCE CODE AND DTPA CLAIMS DISMISSED ON MOTION FOR SUMMARY JUDGMENT AND MOTION TO DISMISS FOR A FAILURE TO STATE A CLAIM
- SPLIT IN AUTHORITY OVER ADMISSIBILITY OF AFFIDAVITS ADDRESSING REASONABLE AND NECESSARY MEDICAL EXPENSES TO TAKE QUICKTRIP TO FIFTH CIRCUIT
- INSURER OWED NO DUTY TO DEFEND IN DOG BITE CASE SAN ANTONIO COURT OF APPEALS AFFIRMS DISMISSAL CLAIMANT’S DECLARATORY JUDGMENT
- FEDERAL COURT REMANDS INSURANCE DISPUTE TO STATE COURT DESPITE INSURER’S ACCEPTING LIABILITY FOR ITS ADJUSTER WHILE CASE WAS PENDING IN STATE COURT - REJECTS IMPROPER JOINDER ARGUMENT
- FEDERAL COURT CONCLUDES OFF-ROADING INCIDENT WAS AN “ACCIDENT” UNDER INSURANCE POLICIES, REBUFFS INSURER’S CLAIM THAT INDIVIDUAL WHO ENCOURAGED THE DRIVER TO “NAIL IT” PRIOR TO INCIDENT WAS COMMITTING INTENTIONAL TORT THAT PRECLUDED COVERAGE
- WESTERN DISTRICT OF TEXAS REMAINS IN THE MINORITY HOLDING TIME IS JUST A NUMBER FOR ELECTION OF LIABILITY – REMAND DENIED
- IMPROPER JURY CHARGE RULING UNWINDS TAKE-NOTHING JUDGMENT FOR INSURED – NEW TRIAL GRANTED
- OPEN AND OBVIOUS WORKPLACE HAZARDS PRECLUDE EMPLOYER LIABILITY
- PAYING APPRAISAL AWARD AND INTEREST NOT ENOUGH TO PROTECT INSURERS FROM POST-APPRAISAL LITIGATION
- FACTUAL DISPUTE ON ORIGIN OF PLUMBING LEAK REVERSES INSURER’S SUMMARY JUDGMENT
- NO INSURANCE COVERAGE FOR CHILD’S TRAGIC DEATH – DAYCARE’S AUTOMOBILE EXCLUSION APPLIED
- CAR BUYER HAD “INSURABLE INTEREST” IN VEHICLE SHE NEVER TOOK POSSESSION OF—FIFTH CIRCUIT UPHOLDS COVERAGE DENIAL BASED ON “STEP DOWN” PROVISION OF AUTO LIABILITY POLICY
- AUSTIN FEDERAL COURT CONSIDERS EXTRINSIC EVIDENCE - GRANTS SUMMARY JUDGMENT IN COVERAGE DISPUTE ARISING FROM COLLAPSED CONDOMINIUM BALCONY
- COURT FINDS MATERIAL FACT ISSUE ON REASONABLENESS OF $250,000 “COVID-19 PROTECTION AND DECONTAMINATION COSTS” INCLUDED IN HAIL DAMAGE REPAIR – INSURER’S MOTION FOR SUMMARY JUDGMENT DENIED
- COURT REITERATES THAT NEITHER OPPOSING PARTY’S PLEADING OR ELECTION OF LIABILITY CAN CREATE DIVERSITY OF CITIZENSHIP
- COURT SPECIFIES WHEN INSURANCE BREACH OF CONTRACT AND BREACH OF DUTY TO INDEMNIFY CLAIMS BEGIN TO ACCRUE
- DEFENSE OBLIGATION FOUND IN CONSTRUCTION DEFECT CASE BY FEDERAL JUDGE IN AUSTIN
- POLICYHOLDER WHO FAILED TO GIVE PRE-SUIT NOTICE PRECLUDED FROM RECOVERING ATTORNEY FEES
- FEDERAL JUDGE IN AUSTIN REMANDS SUIT TO STATE COURT WHEN ADJUSTER ELECTION WAS MADE AFTER SUIT WAS FILED.
- COURT CONCLUDES THAT INSURED FAILED TO STATE CLAIMS AGAINST ITS INSURANCE AGENT; AGENT WAS IMPROPERLY JOINED
- COURT CONCLUDES THAT CAR WASH DRAIN WAS OPEN AND OBVIOUS; AFFIRMS SUMMARY JUDGMENT IN FAVOR OF INSURED
- EXCLUDED DRIVER STILL EXCLUDED EVEN AFTER NAME CHANGE - INSURER DID NOT HAVE TO PLEAD FOR REFORMATION OF THE POLICY
- FIFTH CIRCUIT COURT OF APPEALS CONCLUDES THAT INSURER’S DUTY TO DEFEND WAS NEVER TRIGGERED BY THE INSURED
- COURT SHOOS INSURED’S ARGUMENT THAT A DEER IS AN UNINSURED MOTORIST
- COURT CONCLUDES INSURER HAD NO DUTY TO DEFEND - UNDERLYING LAWSUIT ALLEGED CLAIMS OF DEFECTIVE PRODUCT, NOT PROPERTY DAMAGE
- FIFTH CIRCUIT CONCLUDES THAT “REEFER TRAILER” IS A “VEHICLE” –SPOILED MEAT NOT A COVERED LOSS UNDER EQUIPMENT BREAKDOWN POLICY
- DALLAS COURT OF APPEALS REVERSES LOWER COURT ORDER ALLOWING DEPOSITION OF UM/UIM INSURER’S CORPORATE REPRESENTATIVE
- FIFTH CIRCUIT REFUSES TO ‘WATER DOWN’ TEXAS PRINCIPLES OF CONTRACT INTERPRETATION AND AFFIRMS DISTRICT COURT DISMISSAL OF INSURED’S LAWSUIT SEEKING INSURANCE COVERAGE FOR DAMAGES RESULTING FROM RAIN
- DALLAS FEDERAL COURT CONCLUDES PLAINTIFF’S ALLEGATIONS FELL OUTSIDE OF POLICY EXCLUSION FOR CONDO PROJECTS & HOLDS INSURER HAS DUTY TO DEFEND
- WAL-MART IS DENIED SUMMARY-JUDGMENT IN PREMISES-LIABILITY SUIT
- COURT OF APPEALS DENIES MEDICAL PROVIDER’S MOTION FOR PROTECTIVE ORDER & HOLDS PROVIDER’S NEGOTIATED RATES ARE DISCOVERABLE
- INSURER’S LATE PAYMENT OF PIP BENEFITS TRIGGERS STATUTORY PENALTY PROVISION – NO LAWSUIT REQUIRED
- SAN ANTONIO JUDGE TEACHES “STATUTE OF LIMITATIONS 101” FOR INSURANCE CLAIMS
- FEDERAL COURT DENIES INSUREDS’ CLAIMS FOR ATTORNEYS’ FEES IN TWO INSURANCE COVERAGE LAWSUITS
- FIFTH CIRCUIT UPHOLDS LOWER COURT DECISION DISMISSING HURRICANE HARVEY CLAIM
- COURT OF APPEALS DECLINES TO EXTEND HOLDING IN K & L AUTO CRUSHERS TO HEALTHCARE INSURANCE COMPANIES
- U.S. DISTRICT COURT JOINS LINE OF CASES HOLDING THAT AN INSURER’S SECTION 542A.006 ELECTION AFTER COMMENCEMENT OF LAWSUIT DOES NOT ESTABLISH IMPROPER JOINDER
- TEXAS SUPREME COURT OPENLY RECOGNIZES EXCEPTION TO 8-CORNERS RULE
- GOLF CART IS NOT AN AUTO, TEXAS SUPREME COURT HOLDS
- FEDERAL MAGISTRATE EXAMINES BURDENS OF PROOF AND RULES FOR INSURER IN MOLD CASE
- FIFTH CIRCUIT COURT OF APPEALS REVERSES AND RENDERS JUDGMENT FOR INSURER THAT NAMED PERILS COVERAGE ONLY COVERS NAMED PERILS IN HURRICANE HARVEY CLAIM
- RELYING ON TERRY BLACK’S BARBECUE FEDERAL DISTRICT COURT DISMISSES INSURED’S COVID-19 BUSINESS INTERRUPTION COVERAGE
- FEDERAL DISTRICT COURT IN DALLAS DENIES REMAND IN COVID-19 BUSINESS INTERRUPTION DISPUTE
- FEDERAL DISTRICT COURT GRANTS IN PART AND DENIES IN PART, INSURER’S MOTION FOR SUMMARY JUDGMENT ON INSURED’S EXTRA-CONTRACTUAL CLAIMS IN RESIDENTIAL PROPERTY COVERAGE DISPUTE
- U.S. DISTRICT COURT CONCLUDES THAT INSURER HAD NO DUTY TO SETTLE CLAIMS ARISING FROM MCS-90 ENDORSEMENT OBLIGATION
- U.S. DISTRICT COURT FOLLOWS TEXAS SUPREME COURT’S RULING IN K & L AUTO CRUSHERS; CONCLUDES THAT FEE SCHEDULES AND REIMBURSEMENT RATES OF PLAINTIFFS’ MEDICAL PROVIDERS ARE DISCOVERABLE
- FIFTH CIRCUIT COURT OF APPEALS HOLDS THAT INSURER HAS DUTY TO DEFEND MANUFACTURER-INSURED AGAINST CLAIMS OF LEAKS AND WATER DAMAGE
Texas Insurance Law Newsbrief 2021
- LYFT MEETS STATUTORY REQUIREMENTS FOR INDEPENDENT CONTRACTOR STATUS – SUMMARY JUDGMENT GRANTED
- FIFTH CIRCUIT VACATES AND REMANDS DISTRICT COURT’S GRANT OF SUMMARY JUDGMENT ON CLAIM OF FAILURE TO PROVIDE PROPER WORK EQUIPMENT
- COURT OF APPEALS CONCLUDES DISTRICT COURT ABUSED ITS DISCRETION IN DENYING MOTION TO DISMISS BASED ON STATUTE OF LIMITATIONS
- FIFTH CIRCUIT COURT OF APPEALS DECLINES TO ADOPT “FRAUDULENT MISJOINDER” DOCTRINE
- CLAIMANT FAILED TO SUBMIT A REQUIRED PROOF OF LOSS, SUMMARY JUDGMENT IN FAVOR OF INSURER UPHELD
- DISTRICT COURT GRANTS INSURER’S MOTION FOR SUMMARY JUDGMENT - INSURER OWES NO DUTY TO DEFEND OR INDEMNITY INSURED IN SHOOTING DEATH AT CONCERT VENUE
- FEDERAL DISTRICT COURT GRANTS INSURER’S MOTION FOR SUMMARY JUDGMENT - “HOPES” IT IS ONE OF THE LAST FIRST-PARTY INSURANCE DISPUTES ARISING FROM HURRICANE HARVEY
- MDJW WISHES YOU ALL A VERY MERRY CHRISTMAS AND A HAPPY AND PROSPEROUS 2022! TEXAS INSURANCE LAW NEWSBRIEF TO RESUME MONDAY JANUARY 10, 2022
- COURT DENIES UIM INSURER’S MOTION TO DISMISS AND WARNS OF SANCTIONS
- COURT DISMISSES INSURED’S CLAIMS AFTER PAYMENT OF APPRAISAL AWARD
- COURT CONCLUDES THAT FLOOR MAT WAS NOT AN UNREASONABLY DANGEROUS CONDITION; DISMISSES PREMISES-LIABILITY CLAIM
- COURT CONCLUDES THAT WATER ON FLOOR FOR TEN MINUTES IS LEGALLY INSUFFICIENT TO ESTABLISH CONSTRUCTIVE NOTICE OF THE CONDITION; DISMISSES PREMISES-LIABILITY CLAIM
- FEDERAL COURT IN SAN ANTONIO ISSUES BACK-TO-BACK RULINGS IN FAVOR OF UIM INSURER
- FEDERAL COURT DISMISSES INSURED’S CAUSES OF ACTION AGAINST INSURER FOR NOT BEING PLED WITH SPECIFICITY BUT GIVES INSURED SECOND CRACK AT BAT
- FEDERAL JUDGE IN MCALLEN ISSUES REBUKE ON 542A REMOVALS
- FIFTH CIRCUIT OVERTURNS INSURER WIN IN WIRE FRAUD CASE
- FEDERAL JUDGE IN HOUSTON ENFORCES ANTI-ASSIGNMENT CLAUSE, RETAINS JURISDICTION
- COURT CONCLUDES THAT LAMBORGHINI WAS BEING TEST-DRIVEN, NOT PLEASURE-DRIVEN, AT THE TIME OF LOSS; COURT GRANTS SUMMARY JUDGMENT BASED ON POLICY EXCLUSION FOR USE “OTHER THAN OCCASIONAL PLEASURE USE”
- U.S. DISTRICT COURT DISMISSES CLAIMS AGAINST INSURANCE AGENCY AS PLAINTIFF FAILED TO MEET THE PLEADING REQUIREMENTS
- FEDERAL COURT DENIES INSURER’S MOTION FOR SUMMARY JUDGMENT, AGREEING WITH INSURED THAT FACT ISSUES EXISTED AS TO WHETHER THE INSURER ACTED IN BAD FAITH AND DENYING THE INSURER’S REQUEST TO LIMIT DAMAGES IN THE INSURED’S SWORN PROOF OF LOSS
- DALLAS FEDERAL COURT JOINS CHORUS OF COURTS NATIONWIDE IN DISMISSING COVID-19-RELATED BUSINESS LOSS CLAIMS DUE TO LACK OF “DIRECT PHYSICAL LOSS”
- FIFTH CIRCUIT COURT OF APPEALS CLARIFIES THAT, WHILE AN INSURED’S ACCEPTANCE OF AN APPRAISAL AWARD PRECLUDES A BREACH OF CONTRACT CLAIM, AN INSURER MAY STILL BE LIABLE UNDER THE TEXAS PROMPT PAYMENT OF CLAIMS ACT IF THE APPRAISAL PAYMENT WAS NOT TIMELY
- COURT REJECTS ARGUMENT THAT MEDICAL BILLS ARE ADMISSIBLE TO PROVE NON-ECONOMIC DAMAGES - AFFIRMS TRIAL COURT’S EXCLUSION
- APPEALS COURT CONCLUDES ATTORNEY’S FEES ARE RECOVERABLE IN UM/UIM CASES BROUGHT PURSUANT TO UDJA
- COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN ASBESTOS-RELATED WRONGFUL-DEATH CLAIM
- U.S. DISTRICT COURT FOLLOWS LINE OF CASES DISMISSING COVID-19 BUSINESS-INTERRUPTION CLAIMS
- COURT HOLDS THAT INSURER BREACHED DUTY TO DEFEND – COURT FOUND INSURED SUBCONTRACTOR’S ALLEGED DEFECTIVE WORK POTENTIALLY OCCURRED DURING THE POLICY PERIOD
- SUPREME COURT OF TEXAS EXTENDS NORTH CYPRESS TO PERSONAL-INJURY CASES
- U.S. DISTRICT COURT CONCLUDES THAT THE IMPROPER-JOINDER RULE DOES NOT OVERRIDE THE VOLUNTARY-INVOLUNTARY RULE & JOINS LINE OF CASES HOLDING IMPROPER-JOINDER RULE IS NOT APPLICABLE TO POST-FILING 542A ELECTION
- TEXAS JUDICIARY REQUESTS $6.7 MILLION FROM TEXAS LEGISLATURE TO RESOLVE BACKLOG OF CASES RESULTING FROM COVID-19 SHUT-DOWNS
- TEXAS SUPREME COURT HOLDS THAT THE UNIFORM DECLARATORY JUDGMENT ACT CAN BE USED TO ESTABLISH A CARRIER’S LIABILITY FOR UM/UIM BENEFITS AND AN AWARD OF ATTORNEY’S FEES
- U.S. MAGISTRATE JUDGE RECOMMENDS DISMISSAL OF INSURER’S SUIT AGAINST INSURED REGARDING DISPUTE OVER WITHDRAWN CLAIM FOR DEFENSE AND INDEMNITY
- COURT FINDS INSUFFICIENT EVIDENCE TO SUPPORT JUDGMENT AGAINST PROPERTY INSURER FOR CONTRACTOR’S ALLEGED THEFT OF INSURANCE PROCEEDS
- INSURED’S CLAIM THAT INSURER BREACHED ITS CONTRACTUAL OBLIGATION TO INDEMNIFY INSURED FOR HER CONTRIBUTION TO THIRD-PARTY SETTLEMENT SURVIVES RULE 91A MOTION TO DISMISS
- SUPREME COURT OF TEXAS FINDS FOR INSURER IN LONG RUNNING CLASS ACTION REGARDING NONRENEWAL OF HO-B POLICIES
- COURT OF APPEALS CONCLUDES THAT DIRTINESS OF LIQUID ON FLOOR DOES NOT CHARGE LANDOWNER WITH KNOWLEDGE OF THE PRESENCE OF THE LIQUID; GRANTS SUMMARY JUDGMENT IN FAVOR OF LANDOWNER
- FEDERAL COURT IN FORT WORTH FINDS PAYMENT TO INSURED AND MORTGAGEE CONSTITUTES CLAIM UNDER CHAPTER 542A AND DISMISSES CLAIMS AGAINST ADJUSTER
- FOLLOWING RECENT TEXAS SUPREME COURT PRECEDENT, DALLAS APPEALS COURT RULES TRIAL COURT ABUSED ITS DISCRETION BY DENYING AN INSURER’S MOTION TO SEVER AND ABATE EXTRA-CONTRACTUAL CLAIMS IN UM/UIM ACTION
- U.S. MAGISTRATE JUDGE RECOMMENDS FEDERAL COURT DISMISS INSURED’S COVID-19-RELATED BREACH OF CONTRACT AND EXTRA-CONTRACTUAL CLAIMS
- HOUSTON APPEALS COURT AFFIRMS TRIAL COURT’S ISSUANCE OF SUMMARY JUDGMENT IN FAVOR OF INSURER DISMISSING INSURED’S CLAIMS FOR BREACH OF CONTRACT AND VIOLATIONS OF THE INSURANCE CODEOVERTURNED
- SUPREME COURT OF TEXAS FINDS ALLEGED INSURANCE CODE VIOLATIONS ARE NOT “TRULY INDEPENDENT” OF RIGHT TO RECEIVE UNDERINSURED MOTORIST BENEFITS – BIFURCATED TRIAL REQUIRED
- SUPREME COURT OF TEXAS HOLDS PROMPT PAYMENT OF APPRAISAL AWARD DOES NOT PRECLUDE PROMPT PAYMENT PENALTIES, BUT INSURED MUST STILL ESTABLISH CONTRACTUAL LIABILITY FOR DAMAGES
- FOR WANT OF A SWORN PROOF OF LOSS, A $600,000 APPRAISAL AWARD IS OVERTURNED
- INSURER WINS SUMMARY JUDGMENT ON BURST PIPE CLAIM DUE TO FAILURE TO SEGREGATE DAMAGES
- U.S. DISTRICT COURT CONCLUDES THAT INSURER HAD NO DUTY TO DEFEND OR INDEMNIFY BUS COMPANY AGAINST CLAIM THAT IT FAILED TO RENDER AID TO PASSENGER INJURED ELSEWHERE
- U.S. DISTRICT COURT HOLDS THAT INSURER’S POST-SUIT ELECTION OF ACCEPTANCE OF ITS AGENT’S LIABILITY RESULTS IN IMPROPER JOINDER
- FIFTH CIRCUIT UPHOLDS DISTRICT COURT DECISION THAT INSURER’S STOWERS DUTY APPLIED TO POST-JUDGMENT SETTLEMENT OFFER AND THE INSURER VIOLATED THAT DUTY
- FEDERAL COURT UPHOLDS TESTIFYING EXPERTS, INCLUDING MDJW’S CHRISTOPHER MARTIN, IN CASE INVOLVING DISPUTE BETWEEN A LAW FIRM AND ITS MALPRACTICE INSURER
- FIFTH CIRCUIT AFFIRMS DISTRICT COURT’S RULING GRANTING SUMMARY JUDGMENT IN FAVOR OF INSURED IN HURRICANE HARVEY DISPUTE
- U.S. DISTRICT COURT HOLDS THAT INSUREDS’ BREACH-OF-CONTRACT CLAIMS FOR ALLEGED IMPROPER CALCULATION OF “ACTUAL CASH VALUE” FOR TOTAL-LOSS VEHICLES IS NOT A VIABLE CLAIM
- U.S. DISTRICT COURT GRANTS SUMMARY JUDGMENT BASED ON “COSMETIC LOSS” EXCLUSION
- FEDERAL DISTRICT COURT UPHOLDS PRIOR ORDER DISMISSING INSURED’S HURRICANE HARVEY-RELATED PROMPT PAYMENT CLAIM
- INSURER’S MOTION FOR SUMMARY JUDGMENT BASED ON STATUTE OF LIMITATIONS DENIED, INSURED ABLE TO SHOW DUE DILIGENCE
- INSURER PREVAILS ON SUMMARY JUDGMENT BASED ON INSURED’S FAILURE TO SEGREGATE COVERED FROM NON-COVERED PROPERTY DAMAGES
- U.S. DISTRICT COURT DISMISSES EXCESS INSURER’S DECLARATORY JUDGMENT SUIT ASSERTING POLICY AUTO EXCLUSION
- DALLAS FEDERAL COURT DISMISSES COVID-19 BUSINESS CLOSURE CASE DUE TO LACK OF DIRECT PHYSICAL LOSS
- TEXAS COURT RE-EXAMINES WHAT IS AN ACCIDENT UNDER CGL POLICIES
- UPDATE ON TEXAS JURY TRIALS
Texas Labor and Employment Newsbrief
January 13, 2022
December 27, 2021
December 20, 2021
November 8, 2021
September 2021
June 2021
May 2021
February 2021
December 2020
November 2020
October 2020
June 2020
April 2020
- FFCRA Goes Into Effect Today
- Paycheck Protection Program
- FFCRA Update
- Staying on the Right Side of the Salary Basis TestStaying on the Right Side of the Salary Basis Test
- Recent COVID-19 Developments for Employers
- Unemployment FAQs
- Governor Abbott Press Conference
- Returning to Work Without Running Afoul of the EEOC -- Part One
- Returning to Work Without Running Afoul of the EEOC -- Part Two
- Checklist for Employers
Texas Insurance Law Newsbrief 2020
- U.S. DISTRICT COURT MAGISTRATE JUDGE RECOMMENDS DISMISSAL OF RESTAURANT’S COVID-19 BUSINESS-INTERRUPTION CLAIM
- INSURED HAD NO POSSIBILITY OF RECOVERY ON CLAIMS AGAINST BROKERS, U.S. DISTRICT COURT DISMISSES CLAIMS AND DENIES REMAND TO STATE COURT
- COURT OF APPEALS FINDS LATENT AMBIGUITY IN RELEASE AGREEMENT AND REVERSES SUMMARY-JUDGMENT AGAINST RELEASING PARTY
- SAN ANTONIO COURT OF APPEALS FINDS EVIDENCE OF AN UNREASONABLE INVESTIGATION ALONE DOES NOT SUPPORT A JURY FINDING OF “KNOWING” CONDUCT UNDER THE TEXAS INSURANCE CODE
- FEDERAL COURT IN HOUSTON RULES IN FAVOR OF ALLSTATE AFTER BENCH TRIAL ON ALLEGED WINDSTORM DAMAGE AND INSURANCE CODE CLAIMS
- FEDERAL COURT IN DALLAS SIDES WITH INSUREDS IN DISPUTE INVOLVING INSURER’S MOTION FOR SUMMARY JUDGMENT ON ITS DUTY TO DEFEND
- FEDERAL COURT IN TYLER REJECTS COVID-19 CLAIMS
- FEDERAL COURT IN AUSTIN REMANDS CASE BASED ON LACK OF DIVERISTY JURISDICTION: INSURER PLACED IN AWKWARD POSITION OF ARGUING THAT THE INSUREDS’ ALLEGED DAMAGES WERE ACTUALLY HIGHER THAN THE INSUREDS WERE CLAIMING
- INSURED’S COVID-19 RELATED CLAIM OF NEGLIGENCE AGAINST BROKER IS NOT RIPE, MAGISTRATE JUDGE RECOMMENDS DISMISSAL OF THE CLAIM AND DENIAL OF REMAND TO STATE COURT
- 124 SEPARATE CASES OF FOOD POISONING CAUSED BY SINGLE RESTAURANT OVER FOUR-DAY PERIOD DEEMED A SINGLE “OCCURRENCE” UNDER THE INSURANCE POLICY
- COURT DISMISSES ONE INSURER’S CLAIMS AGAINST ANOTHER SEEKING DEFENSE AND INDEMNITY FOR AN ADDITIONAL INSURED IN AN UNDERLYING TORT ACTION
- APPEALS COURT DENIES INSURER’S PETITION FOR WRIT OF MANDAMUS SEEKING TO SET ASIDE TRIAL COURT’S ORDER STRIKING ITS CONTROVERTING AFFIDAVITS
- APPEALS COURT AGREES TRIAL COURT ERRONEOUSLY DENIED INSURER’S MOTION TO COMPEL APPRAISAL IN HURRICANE HARVEY CLAIM
- FEDERAL DISTRICT COURT APPLIES “PRIMARY JURISDICTION DOCTRINE” – STAYS CASE AND REFERS PUTATIVE CLASS ACTION DISPUTE OVER VEHICLE TOTAL LOSS EVALUATION METHODOLOGY TO TEXAS DEPARTMENT OF INSURANCE
- COURT FINDS NO DIRECT PHYSICAL LOSS CAUSED BY COVERED PERIL – GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER ON HURRICANE HARVEY BUSINESS INTERRUPTION CLAIM BASED ON PORT CLOSURE
- TRIAL COURT’S FAILURE TO SEVER AND ABATE UIM EXTRA-CONTRACTUAL CLAIMS DEEMED IMPROPER – MANDAMUS CONDITIONALLY GRANTED
- UIM INSURER’S CORPORATE REPRESENTATIVE’S DEPOSITION LIMITED - MANDAMUS GRANTED IN PART
- COURT OF APPEALS REAFFIRMS INSURED’S DUTY TO SEGREGATE COVERED DAMAGES, EVEN AFTER INSURER MAKES PARTIAL PAYMENT
- OVERPAYING CARRIERS CONTINUE TO HAVE DIFFICULTY COLLECTING FROM UNDERPAYING CARRIERS IN TEXAS
- PROPERTY INSURER CUTS OFF POST-APPRAISAL PROMPT PAYMENT CLAIMS BY PROMPTLY PAYING WHAT IT OWES
- FEDERAL JUDGE RULES COVID-19 IS NOT A “FORCE OF NATURE,” NOT SUBJECT TO 542A ADJUSTER ESCAPE CLAUSE
- FEDERAL JUDGE GRANTS SUMMARY JUDGMENT FOR MANAGING GENERAL AGENCY, CONFIRMING MGAS ARE NOT INSURERS, NOT SUBJECT TO STOWERS AND SORIANO CLAIMS
- FEDERAL JUDGE GRANTS SUMMARY JUDGMENT FOR INSURER DUE TO LATE NOTICE ON CLAIMS-MADE POLICY
- COURT OF APPEALS CONCLUDES THAT EQUIPMENT SHIPPER OWED DUTY TO THIRD-PARTY MOTORIST TO SAFELY LOAD EQUIPMENT ONTO TRAILER
- U.S. DISTRICT COURT GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER BASED ON MOTOR VEHICLE EXCLUSION
- U.S. DISTRICT COURT DISMISSES INSURED’S ACTION SEEKING DECLARATORY JUDGMENT THAT POLICY COVERS CLOSURE OF RESTAURANTS DUE TO COVID-19
- FEDERAL MULTI-DISTRICT LITIGATION PANEL REJECTS CENTRALIZATION OF SUITS INVOLVING COVID-19 BUSINESS INTERRUPTION CLAIMS
- FEDERAL JUDGE DENIES INSUREDS’ REQUEST TO REMAND TO STATE COURT DUE TO IMPROPERLY JOINING PARTY
- FEDERAL APPEALS COURT RULES INSURER HAS DUTY TO DEFEND ITS INSURED CONTRACTOR UNDER “EIGHT CORNERS” RULE
- UIM CLAIMANT SUES INSURER AND ADJUSTER WITHOUT A JUDGMENT AGAINST TORTFEASOR, PREVENTING REMOVAL TO FEDERAL COURT
- FEDERAL DISTRICT COURT REFUSES TO REMAND BECAUSE INSURER DID NOT GET PRE-SUIT NOTICE, INSTEAD REFUSES TO REMAND BECAUSE THE ADJUSTER HAD NOT BEEN SERVED
- INSPECTION IS A “SERVICE,” FEDERAL DISTRICT COURT HOLDS, APPLYING POLICY EXCLUSION
- Federal Court Grants Motion to Dismiss on Underinsured Motorist / Extra-Contractual Only Lawsuit
- Oral Agreement to Delay Service Inadequate to Avoid Statute of Limitations Defense – Summary Judgment Granted
- Summary Judgment Granted in Favor of Write-Your-Own Flood Insurer – No Flood Coverage for Ground Floor of Elevated Building
- INSURER’S MOTION FOR SUMMARY JUDGMENT BASED ON NONRENEWAL OF POLICY DENIED BY U.S. DISTRICT COURT - NO EVIDENCE SHOWING NOTICE OF NONRENEWAL WAS MAILED
- FIFTH CIRCUIT CONCLUDES THAT POLICY PROVISION REQUESTING POLICYHOLDERS TO “PLEASE” REPORT CLAIMS TO CLAIMS DEPARTMENT IS AN IMMATERIAL NOTICE CONDITION, THUS PLEASING THE INSURED.
- U.S. DISTRICT COURT CLARIFIES PREVIOUS OPINION DISMISSING THIRD-PARTY PLAINTIFFS’ COVERAGE SUIT FOR LACK OF STANDING
- EARTH MOVEMENT AND DEFECTIVE WORK EXCLUSIONS PRECLUDE DEFENSE AND INDEMNITY FOR HOMEBUILDER – SUMMARY JUDGMENT GRANTED
- REASONABLENESS AFFIDAVITS DO NOT GUARANTEE PAST MEDICAL EXPENSE AMOUNTS
- LINGERING CLAIM FROM HURRICANE HARVEY WASHED AWAY BY FIFTH CIRCUIT
- NORTHERN DISTRICT DENIES INSURER'S SUMMARY JUDGMENT ON DUTY TO DEFEND BECAUSE NO EXTRINSIC EVIDENCE EXCEPTION APPLIED
- TEXAS SUPREME CHANGES APPRAISAL LAW: INSURED CAN PURSUE EXTRA-CONTRACTUAL CLAIMS DESPITE INSURER’S PAYMENT OF APPRAISAL AWARD
- CHAPTER 542 CLAIMS MAY PROCEED DESPITE FULL PAYMENT OF APPRAISAL AWARDS
- BEAUMONT COURT OF APPEALS SUPPORTS JURY AWARD OMITTING FUTURE DAMAGES & TRIAL COURT ORDER GRANTING NEW TRIAL WAS IMPROPER
- TEXAS SUPREME COURT REAFFIRMS POLICYHOLDER HAS NO STANDING TO SUE AUTO INSURER OVER RATES NEGOTIATED WITH MEDICAL PROVIDERS
- SOUTHERN DISTRICT DISALLOWS POST-SUIT ADJUSTER ELECTIONS UNDER INSURANCE CODE 542A
- FEDERAL JUDGE EXAMINES AUTO EXCLUSION AND EXCEPTIONS IN A CGL POLICY
- HOUSTON COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT FOR LIABILITY INSURER AFTER INSURED’S BANKRUPTCY
- PLAINTIFF FAILS TO ESTABLISH THAT UNSTABLE CONCRETE WALKWAY WAS AN UNREASONABLY DANGEROUS CONDITION – SUMMARY JUDGMENT AFFIRMED
- COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN FAVOR OF EMPLOYER, DISMISSING GROSS-NEGLIGENCE CLAIM BASED ON DEATH DUE TO ELECTROCUTION
- U.S. DISTRICT COURT DISMISSES THIRD-PARTY PLAINTIFFS’ COVERAGE SUIT FOR LACK OF STANDING
- WESTERN DISTRICT COURT FINDS BONA FIDE COVERAGE DISPUTE PRECLUDES EXTRA-CONTRACTUAL CLAIMS
- MDJW & COVID-19 ISSUES
- HOUSTON COURT OF APPEALS HOLDS MENTAL ANGUISH CAN BE AN “INDEPENDENT INJURY” UNDER MENCHACA
- MAN SUES HIS OWN CGL INSURER FOR HIS OWN INJURIES; DISTRICT COURT HITS BACK
- PROFESSIONAL LIABILITY INSURER OBLIGATED TO DEFEND SUIT ARISING OUT OF BOTCHED STOWERS RESPONSE
- FEDERAL DISTRICT COURT HOLDS JUDGMENT CREDITOR NOT BOUND BY ADMISSIONS OF INSURED
Texas Insurance Law Newsbrief 2019
November 12, 2019
- FIFTH CIRCUIT CERTIFIES EXTRINSIC EVIDENCE QUESTION TO SUPREME COURT OF TEXAS
- “INSURER PAID TOO MUCH,” ALLEGES INSURED; FIFTH CIRCUIT DISAGREES
- PRIMARY INSURER HELD TO HAVE BREACHED STOWERS DUTY TO EXCESS CARRIER IN CYCLIST DEATH CASE
- HOUSTON COURT OF APPEALS REJECTS EFFORTS TO “GAME” THE APPRAISAL PROCESS, UPHOLDS ATTORNEY SANCTIONS
- FAILURE TO GIVE TIMELY NOTICE BARS COVERAGE FOR ALL RELATED CLAIMS
COURT REJECTS NOTICE PREJUDICE ARGUMENT AND ENFORCES SPECIFIC, ONE-YEAR PROMPT NOTICE REQUIREMENT TO REPORT WINDSTORM OR HAIL DAMAGE CLAIMS
INSURER SEEKS AND WINS MANDAMUS TO PROTECT $0 APPRAISAL AWARD
IMPROPERLY DRILLED WELL IS “PROPERTY DAMAGE” AND CREATES DUTY TO DEFEND, NO EXTRINSIC EVIDENCE CONSIDERED TO DETERMINE DATE DAMAGE OCCURRED
COURT APPLIES LIMITED EXCEPTION TO USE OF EXTRINSIC EVIDENCE IN FINDING BUSINESS USE EXCLUSION PRECLUDES COVERAGE – NO DUTY TO DEFEND OR INDEMNIFY
COURT FINDS NO PIP COVERAGE FOR INSURED WHO WAS INJURED WHILE TRYING TO FREE DRIVER TRAPPED WHILE UNLOADING TRUCK
- COURT OF APPEALS POTENTIALLY EXPANDS STOWERS DOCTRINE TO ELIMINATE THE REQUIREMENT OF A JUDGMENT IN EXCESS OF THE POLICY LIMITS
- SUPREME COURT OF TEXAS HOLDS THAT A TIMELY PAYMENT OF APPRAISAL AWARD, IN THE ABSENCE OF ESTABLISHED LIABILITY, PRECLUDES RECOVERY OF DAMAGES UNDER TPPCA’S SIXTY-DAY PROMPT PAYMENT RULE
- COURT OF APPEALS CONCLUDES RESTAURANT’S WATER FEATURE WAS OPEN AND OBVIOUS AND AFFIRMS SUMMARY JUDGMENT IN FAVOR OF PREMISES OWNER
Texas Insurance Law Newsbrief 2018
- FIFTH CIRCUIT ANNOUNCES “APPROPRIATE” RULE IN DETERMINING THE NUMBER OF “ACCIDENTS” UNDER INSURANCE POLICY - HOLDS THREE COLLISIONS CAUSED BY A RUNAWAY MACK TRUCK CONSTITUTED A SINGLE “ACCIDENT”
- TEXAS APPELLATE COURT ADDRESSES CONCLUSORY EXPERT REPORTS AND SEGREGATION OF STORM DAMAGES IN AFFIRMING INSURER/ADJUSTER SUMMARY JUDGMENT
- TEXAS COURT OF APPEALS CONCLUDES THAT INSURER WAIVED RIGHT TO ENFORCE ANTI-ASSIGNMENT CLAUSE
- FIFTH CIRCUIT COURT OF APPEALS DELINEATES EXCEPTION FOR INSURANCE POLICY PROCEEDS IN BANKRUPTCY PROCEEDINGS
- FIFTH CIRCUIT ADDRESSES INSURER’S DUTY TO DEFEND IN THE WAKE OF MENCHACA
- SOUTHERN DISTRICT OF TEXAS INTERPRETS FEDERAL QUESTION JURISDICTION REGARDING NFIA PREEMPTION FOR HURRICANE HARVEY CLAIMS
- FIFTH CIRCUIT CONFIRMS LEGAL STATUTE OF LIMITATIONS TOLLING RULE FOR LEGAL MALPRACTICE DOES NOT APPLY TO PUBLIC ADJUSTERS
- SAVED BY THE BELL—DESPITE POOR PLEADINGS, WESTERN DISTRICT OF TEXAS FINDS FIRST PARTY PLAINTIFF ENTITLED TO ATTORNEY’S FEES AND STATUTORY INTEREST UNDER FEDERAL RULE 54
- FOURTEENTH COURT OF APPEALS OVERTURNS DENIED ABATEMENT FOR FAILURE TO PROVIDE SUFFICIENT PRESUIT NOTICE
- SAN ANTONIO COURT OF APPEALS FINDS DUTY TO DEFEND—EVEN WHEN ALLEGATIONS ARE FALSE OR FRAUDULENT
- FIFTH CIRCUIT REVERSES AND REMANDS JUDGMENT ON PLEADINGS AND DISMISSAL OF SPEC’S SUIT AGAINST HANNOVER INSURANCE FOR CREDIT CARD HACKER DEFENSE
- UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS FINDS DEFAULT JUDGMENT AGAINST INSURED NOT BINDING AGAINST INSURER IN FIRST PARTY SUIT DUE TO LACK OF ADVERSARIAL PROCEEDING
- SOUTHERN DISTRICT OF TEXAS CLARIFIES “LIVE CONTROVERSY” FOR PURPOSES OF AN INSURER’S DUTY TO DEFEND
- NORTHERN DISTRICT OF TEXAS CONSIDERS EXTRINSIC EVIDENCE IN FINDING NO DUTY-TO-DEFEND SUIT TO WHICH NO COVERAGE APPLIES
- AMARILLO COURT OF APPEALS FINDS NO “MISTAKE OF FACT” UNDERLYING UMPIRE’S APPRAISAL-DECISION, AND DENIES INSURED’S MOTION TO VACATE UMPIRE’S AWARD AND APPOINT A NEW UMPIRE
- INSURER’S PRE-SUIT COMMUNICATIONS AND POST-SUIT REQUEST FOR STATUS UPDATE TO COMPLAINANT-PLAINTIFF’S COUNSEL DID NOT BAR THE INSURED’S DEFENSE OF LIMITATIONS
- NO GOOD DEED GOES UNPUNISHED IN FEDERAL DISCOVERY: PARTIAL PRODUCTION OF DOCUMENTS “SUBJECT TO AND WITHOUT WAIVING” OBJECTIONS HELD TO WAIVE OBJECTIONS
- ORDER DENYING SEVERANCE/ABATEMENT OF BAD FAITH CLAIMS IN A UIM SUIT OVERTURNED ON MANDAMUS
- AUTO POLICYHOLDER HAS STANDING TO DISPUTE PIP PAYMENTS MADE BASED ON DISCOUNTED MEDICAL COSTS
- U.S. DISTRICT COURT ADDRESSES INSURANCE ADJUSTER’S LIABILITY FOR ALLEGED UNFAIR SETTLEMENT PRACTICES
- COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT FINDING INSURED FAILED TO PRODUCE EVIDENCE THAT LOSS OCCURRED DURING POLICY PERIOD
- COURT OF APPEALS HOLDS THAT INSURED’S DISCOVERY REQUESTS SEEKING INFORMATION ABOUT SIMILARLY-SITUATED THIRD-PARTY-INSUREDS WERE IMPROPER
- WESTERN DISTRICT OF TEXAS REJECTS INDEMNFICATION FOR PUNITIVE DAMAGES FROM GROSS NEGLIGENCE BY INTOXICATED DRIVER
- SOUTHERN DISTRICT OF TEXAS DENIES INSURER’S SUMMARY JUDGMENT WHILE DEFINING SCOPE OF SETTLEMENT AGREEMENT
- IN A CASE OF FIRST IMPRESSION IN TEXAS, THE UNITED STATES DISTRICT COURT CONCLUDES THAT INSURER’S POLICY EXCLUSION DID NOT EXCLUDE BODILY INJURIES TO A FETUS CAUSED BY A PUNCH TO THE MOTHER’S STOMACH
- TEXAS COURT OF APPEALS REVERSES JURY’S FINDING OF GROSS NEGLIGENCE AND AWARD OF EXEMPLARY DAMAGES
- TEXAS COURT OF APPEALS STRIKES EXPERT’S CONCLUSORY OPINION ON CAUSATION
- HIDALGO COUNTY JURY FINDS IN FAVOR OF INSURER IN DISPUTED HAIL DAMAGE CLAIM
- COURT ENFORCES “INSURED’S DUTIES AFTER LOSS” – ABATES LAWSUIT PENDING INSURED’S COOPERATION IN COMPLETING EUO, PROVIDING REQUESTED DOCUMENTS AND ALLOWING PROPERTY RE-INSPECTION
- SAN ANTONIO COURT OF APPEALS FINDS INSURED’S BREACH OF CONTACT AND EXTRA-CONTRACTUAL CLAIMS FAIL TO SURVIVE TIMELY PAID APPRAISAL AWARD
- COURT FIND SALE OF SECURITIES EXCLUSION APPLIES, NO DUTY TO DEFEND AND GRANTS SUMMARY JUDGMENT TO INSURER
- TEXAS COURT OF APPEALS REFUSES TO ADOPT “EXHAUSTION DOCTRINE” TO IMPOSE LIABILITY ON UIM INSURER THAT CONSENTED TO INSURED’S POLICY-LIMIT SETTLEMENT WITH THE LIABILITY CARRIER
- COURT REJECTS INSURED’S UNSUPPORTED CONTENTION THAT GOOD FAITH DISAGREEMENT AND GOOD FAITH INVESTIGATION ARE CONDITIONS PRECEDENT TO INVOKING APPRAISAL
- FEDERAL COURT REITERATES POSITION ON ADJUSTER LIABILITY IN UNFAIR SETTLEMENT PRACTICES FOR PURPOSES OF JURISDICTION
- WESTERN DISTRICT OF TEXAS DENIES SUMMARY JUDGMENT ON ISSUES OF PROMPT NOTICE OF CLAIM
- ANOTHER TEXAS COURT FINDS TIMELY PAYMENT OF APPRAISAL AWARD PRECLUDES EXTRA-CONTRACTUAL LIABILITY
- FEDERAL COURT EXAMINES THE TIMELY FILING OF FLOOD-INSURANCE CLAIMS & GRANTS SUMMARY JUDGMENT ON STATUTE OF LIMITATIONS
- POLITICAL ACTIVITIES BY CHURCH ARE NOT ADVERTISING & CARRIER HAS NO DUTY TO DEFEND
- UIM OTHER INSURANCE CLAUSE ENFORCEABLE IF CLAIMANT HAS SUFFICIENT AVAILABLE INSURANCE
- LIMITS SETTLEMENT WITH ADVERSE CARRIER IS NOT A JUDGMENT, EVEN WHEN UIM CARRIER CONSENTS
- FORT WORTH FEDERAL JUDGE SUMMARILY DISMISSES EXTRA-CONTRACTUAL CLAIMS IN MULTIPLE WIND/HAIL SUITS
Texas Insurance Law Newbrief 2017
- FIFTH CIRCUIT AFFIRMS SUMMARY JUDGMENT ON ALL CLAIMS AFTER PROMPT PAYMENT OF APPRAISAL AWARD AND CORRECTS THE ABERRANT GRABER DISTRICT COURT DECISION
- DISTRICT COURT GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER BASED ON FAILURE TO PROVIDE PROPER NOTICE OF CLAIM, INCLUDING SUBSEQUENT SIMILAR CLAIMS
- EVERYTHING INSURANCE PROFESSIONALS NEED TO KNOW ABOUT THE NEW WIND/HAIL STATUTE IN TEXAS: HB 1774 AND WHAT IT MEANS TO YOU NOW
- EVERYTHING INSURANCE PROFESSIONALS NEED TO KNOW ABOUT THE NEW WIND/HAIL STATUTE IN TEXAS: HB 1774 AND WHAT IT MEANS TO YOU NOW.
- TDI ISSUES HURRICANE HARVEY BULLETINS
- FORT WORTH FEDERAL COURT DISMISSES COOKIE-CUTTER WIND/HAIL SUIT
- SAN ANTONIO FEDERAL COURT STANDS ON DISMISSAL OF ALL CLAIMS IN FIRE CASE
- HOUSTON COURT OF APPEALS ENFORCES NOTICE CONDITION AND RULES ACTUAL KNOWLEDGE OF SUIT IRRELEVANT
- SUPREME COURT REVISITS GANDY, “FULLY ADVERSARIAL TRIAL” REQUIREMENTS
- A DAY LATE, $6 MILLION SHORT: TEXAS SUPREME COURT ENFORCES STRICT COMPLIANCE WITH CANCELLATION NOTICES
- DISCOVERING A BALANCE: TEXAS SUPREME COURT PROVIDES PROPORTIONALITY-BASED GUIDANCE FOR DECIDING DISPUTES OVER ELECTRONICALLY STORED INFORMATION
- FIFTH CIRCUIT FINDS SUBROGATION CLAUSE ALLOWS SUBROGEE TO SEEK REFORMATION OF INSURANCE CONTRACT
- SOUTHERN DISTRICT FINDS TIMELY PAYMENT OF APPRAISAL AWARD PRECLUDES EXTRA-CONTRACTUAL LIABILITY, EVEN UNDER TEXAS SUPREME COURT’S RECENTLY ARTICULATED BAD FAITH STANDARDS
- TIMELY PAYMENT OF APPRAISAL AWARD PRECLUDES CONTRACTUAL AND EXTRA-CONTRACTUAL CLAIMS
- COURT EXAMINES ATTORNEY-CLIENT PRIVILEGE PROTECTION FOR INSURER’S CLAIM FILE – CONDITIONALLY GRANTS, IN-PART, INSURED’S REQUEST FOR CLAIM FILE DOCUMENTS
- MINIMUM FACTUAL ALLEGATIONS SUFFICIENT TO DEFEAT REMOVAL IN NORTHERN DISTRICT PROPERTY DAMAGE CLAIM
- HOUSTON COURT OF APPEAL GRANTS SECOND MANDAMUS FOR USAA ON NEW TRIAL ORDER
- COURT GRANTS SUMMARY JUDGMENT FINDING DUTY TO DEFEND INSURED IN LAWSUIT ARISING FROM FAULTY BOAT REPAIRS
- PROPERTY MANAGER ENTITLED TO DEFENSE: FEDERAL COURT FINDS CONDO OWNER CLAIMS FALL OUTSIDE OF PROPERTY DAMAGE EXCLUSION
- FEDERAL COURT EXAMINES EFFECT OF PROPERTY SALE ON PENDING PROPERTY DAMAGE CLAIM
- HOUSTON COURT OF APPEALS EXAMINES EFFECT OF BUYING PROPERTY ON PROPERTY DAMAGE CLAIM
- WRONGFUL FORECLOSURE NOT COVERED UNDER COVERAGE A OR COVERAGE B OF LIABILITY POLICY
- FEDERAL COURT ISSUES POST-REMAND RULINGS ON IMPAIRED PROPERTY EXCLUSION IN U.S. METALS CASE
Texas Insurance Law Newbrief 2016
- SUPREME COURT OF TEXAS GRANTS DISCOVERY MANDAMUS FOR CARRIER IN WIND-HAIL MDL
- NO BAD FAITH IN BATTERED BENTLEY CASE DUE TO INSURED’S FAILURE TO COOPERATE & MSJ GRANTED FOR CARRIER
- AUTO INSURER NARROWLY ESCAPES LARGE DEFAULT IN UIM SUIT ON RESTRICTED APPEAL
- FEDERAL JUDGE CONSIDERS EXTRINSIC EVIDENCE, HOLDS NO DUTY TO DEFEND
- FIFTH CIRCUIT EXAMINES CRIME-PROTECTION INSURANCE POLICY AND FINDS NO COVERAGE FOR LOSS CLAIMED UNDER “COMPUTER FRAUD” PROVISION
- COURT AFFIRMS SUMMARY JUDGMENT IN FAVOR OF INSURER, REJECTS INSURED’S EFFORTS TO REFORM POLICY BASED ON DISCOVERY RULE
- COURT FINDS INSURED’S FAILURE TO READ POLICY DOES NOT PRECLUDE AFFIRMATIVE MISREPRESENTATION CLAIMS AGAINST AGENT UNDER TEXAS INSURANCE CODE AND DTPA
- COURT ENFORCES INSURANCE POLICY ARBITRATION PROVISION FOR CLAIMS AGAINST AGENCY AND AGENT
- COURT FINDS TIMELY TENDER OF APPRAISAL AWARD PRECLUDES CONTRACTUAL AND EXTRA-CONTRACTUAL CLAIMS
- FEDERAL INTERPLEADER ATTORNEY FEE AWARD SURVIVES CHALLENGE
- COURT OF APPEALS HOLDS LIABILITY INSURER’S IMPROPER SCRAPPING OF THIRD-PARTY CLAIMANT’S VINTAGE MERCEDES IS ACTIONABLE, INSURANCE CODE/DTPA CLAIMS ALLOWED TO PROCEED
- DALLAS COURT EXAMINES LIABILITY CARRIERS’ DUTIES IN CONSTRUCTION DEFECT CASE
- TYLER APPEALS COURT GRANTS MANDAMUS ON INSURER’S MOTION TO SEVER EXTRA-CONTRACTUAL CLAIMS
- FEDERAL DISTRICT COURT EXAMINES “BUSINESS ACTIVITIES” EXCLUSION IN HOMEOWNERS POLICY RELATED TO PHONY YELP REVIEW
- NO NEED TO BE NAMED: FIFTH CIRCUIT ALLOWS PLAINTIFFS TO ADD CLAIMS UNDER FORCE-PLACED POLICY WITHOUT BEING NAMED INSUREDS
- FIFTH CIRCUIT DISMISSES DEFAMATION AND TORTIOUS INTERFERENCE CLAIMS AGAINST MULTIPLE INSURERS
- DALLAS COURT OF APPEALS AFFIRMS DISMISSAL OF BAD FAITH CAUSES OF ACTION AND REMANDS CASE TO PROCEED ON BREACH OF CONTRACT AND PROMPT PAYMENT ACT CAUSES OF ACTION
- FEDERAL DISTRICT COURT EXAMINES “YOUR WORK” EXCLUSION IN CGL POLICY
- FEDERAL COURT EXAMINES TRADEMARK AND TRADE DRESS CLAIMS UNDER EIGHT-CORNERS RULE
- INSUFFICIENT COVERAGE FOR HURRICANE IKE CLAIMS DEEMED "RELATED WRONGFUL ACTS" UNDER INSURANCE BROKER'S PROFESSIONAL-LIABILITY POLICY
- HARRIS COUNTY JURY REJECTS BREACH OF CONTRACT CLAIMS AGAINST TEXAS FAIR PLAN
- MDJW OFFICES WILL BE CLOSED MONDAY MAY 30TH - MEMORIAL DAY NEWSBRIEF TO RESUME MONDAY, JUNE 6TH
- SHOW CAUSE HEARING ORDERED AFTER INSURED’S COUNSEL ARGUES PROPOSED POST-REMOVAL STIPULATION DEFEATS REMOVAL
- CHICKEN AND WAFFLES A MORE SEAMLESS COMBO THAN CONFLICTING LETTERS FROM INSURER – SOUTHERN DISTRICT ORDERS NEW TRIAL TO DETERMINE WHETHER INSURED FAILED TO PROVIDE ALL MATERIAL FINANCIAL INFORMATION
- LATE NOTICE DEFENSE FAILS TO BAR BREACH OF CONTRACT CLAIM AND ABATEMENT FOR APPRAISAL
- FIFTH CIRCUIT AGREES WITH INSURER’S CALCULATION COMMERCIAL PROPERTY WINDSTORM DEDUCTIBLE
- REMINDER: DUTY TO DEFEND IS BASED ON FACTS, NOT LEGALESE
- TEXAS SUPREME COURT BRINGS CLARITY - NEW TRIAL MAY BE GRANTED ONLY FOR VALID REASONS EXPLICITLY STATED IN TRIAL COURT’S NEW TRIAL ORDER
- FEDERAL COURT CHALLENGES PLAINTIFF ATTORNEY TO PROVIDE “FACTUAL SUPPORT” FOR THEIR PLEADINGS OR FACE SANCTIONS - REPEAT VALLEY HAIL LITIGANTS LOSE AGAIN IN APPRAISAL BATTLE
- HOUSTON COURT OF APPEALS AFFIRMS TRIAL COURT’S DISREGARD OF JURY FINDINGS OF PRIOR BREACH AND, EVIDENCE OF EXCESSIVE DEMAND
- DALLAS APPEALS COURT AFFIRMS SUMMARY JUDGMENT GRANTED AFTER APPRAISAL IN FAVOR OF INSURER
- FEDERAL JUDGE ENTERS JUDGMENT FOR SAFECO AGAINST HOMEOWNER WHO FRAUDULENTLY RECEIVED LIVING-EXPENSE PROCEEDS
- EL PASO COURT OF APPEALS HOLDS BAD-FAITH CLAIMS AGAINST WORKERS' COMPENSATION CARRIER PRECLUDED BY EXCLUSIVE REMEDY DOCTRINE
- FEDERAL COURT IN DALLAS DEPARTS FROM PREVAILING CASE LAW ON ADJUSTER LIABILITY FOR FAILING TO EFFECTUATE SETTLEMENT UNDER TEXAS INSURANCE CODE
- ATTENDING PLRB ANNUAL CLAIMS CONFERENCE IN SAN ANTONIO?
- CONTRACTUAL LIMITATIONS PERIOD BARS SUIT IN HO BAD FAITH SUIT
- COMPLIANCE WITH APPRAISAL AWARD IN WIND/HAIL CASE ENDS ALL CLAIMS
- MOTHBALLS ARE A POLLUTANT -- NO COVERAGE FOR ANY INSURED
- SOUTHERN DISTRICT EXAMINES SCOPE OF WATER DAMAGE COVERAGE & RULES IN INSURER’S FAVOR
- RSVP FOR THE MDJW RECEPTION AT PLRB 2016 CLAIMS CONFERENCE IN SAN ANTONIO
- STATE FARM WINS TWO MORE TEXAS WIND-HAIL CASES
- FEDERAL COURT IN MCALLEN GRANTS INSURER'S MSJ ON ALL CLAIMS FOLLOWING PAYMENT OF APPRAISAL AWARD IN WIND-HAIL CASE
- FEDERAL COURT IN FORT WORTH DISMISSES EXTRA-CONTRACTUAL CLAIMS BUT INSURED'S BREACH OF CONTRACT COUNTERCLAIM SURVIVES
- VOLUNTARY INTOXICATION DOES NOT RENDER SEXUAL ASSAULT AN ACCIDENT FOR PURPOSES OF LIABILITY COVERAGE
- INSURER WINS SUMMARY JUDGMENT ON EXCLUDED DRIVER ENDORSEMENT IN BEAUMONT
- AMICUS SUPPORT REQUESTED FOR IMPORTANT BAD FAITH CASE BEFORE THE TEXAS SUPREME COURT
- Firm Wins Wind/Hail Jury Trial for State Farm in Rio Grande Valley
- Amicus Support Requested for Important Bad Faith Case before the Texas Supreme Court
- Houston Bankruptcy Judge Grants Summary Judgment for Insurers on Most Issues in Pollution-Exclusion Dispute
- Houston Federal Judge Denies Remand of Bad Faith Case because of Improper Joinder of Policy’s “Producer”
Texas Insurance Law Newbrief 2015
- TEXAS SUPREME COURT ANSWERS CERTIFIED QUESTIONS ADDRESSING “PHYSICAL INJURY” AND “IMPAIRED PROPERTY” EXCLUSIONS ARISING FROM DEFECTIVE PARTS INSTALLED IN REFINERY
- HOUSTON COURT OF APPEALS GRANTS SUMMARY JUDGMENT FOR INSURER IN SEWAGE-OVERFLOW CASE
- TYLER COURT OF APPEALS REVERSES UNDERINSURED-MOTORIST JUDGMENT IN EXCESS OF POLICY LIMITS
- FEDERAL COURT APPLIES DEEPWATER HORIZON TO GRANT SUMMARY JUDGMENT FOR CARRIER IN AN ADDITIONAL INSURED COVERAGE DISPUTE
- FIFTH CIRCUIT APPLIES FEDERAL COMMON LAW TO PREVENT DOUBLE RECOVERY UNDER WIND AND FLOOD POLICIES
- APPELLATE COURT FINDS COVERAGE FOR DEFENSE EXPENSES / FACT ISSUES ON INTERRELATED CLAIMS & COVERAGE FOR SETTLEMENT INVOLVING DISGORGEMENT CLAIMS
- COURT HOLDS NO DUTY TO DEFEND EMPLOYER BASED ON DEFINITION OF “EMPLOYEE” FOUND IN FEDERAL MOTOR CARRIER SAFETY ACT OF 1984.
- INSURER SUCCESSFULLY INVOKES APPRAISAL CLAUSE LATE IN THE LAWSUIT
- TWO DALLAS FEDERAL DISTRICT COURTS FIND FRAUDULENT JOINDER – DENY MOTIONS TO REMAND COVERAGE CASES TO STATE COURT.
- FIFTH CIRCUIT HOLDS EXCESS INSURER HAS NO OBLIGATION TO MAKE PAYMENTS AFTER PRIMARY INSURER SETTLES INSURED’S CLAIMS FOR LESS THAN THE PRIMARY POLICY LIMIT
- FIFTH CIRCUIT FINDS THAT INSURER CANNOT AVOID PROMPT PAY PENALTIES BY POINTING TO INFORMATION THAT WAS NOT PROVIDED BY INSURED BUT DID NOT AFFECT CLAIM DECISIONS
- HOUSTON COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN FAVOR OF INSURER BASED ON SURFACE-WATER EXCLUSION
- WESTERN DISTRICT JUDGE FINDS ALLEGATIONS AGAINST ADJUSTER SUFFICIENT TO STATE A CLAIM AND GRANTS MOTION TO REMAND
- JURY AWARDS $100,000 IN REPLACEMENT COST DAMAGES, $0 IN ACTUAL-CASH-VALUE DAMAGES – TAKE NOTHING JUDGMENT AFFIRMED
- ALLEGATIONS AGAINST INDEPENDENT ADJUSTERS SUFFICE TO STATE A CLAIM - MOTION TO REMAND GRANTED
- AMARILLO FEDERAL DISTRICT COURT HOLDS MARINE-INSURANCE CLAIM EXPRESSLY EXCLUDED FROM INSURANCE CODE PROMPT PAYMENT ACT
- COURT OF APPEALS FINDS FENCE IS NOT A STRUCTURE ATTACHED TO THE DWELLING
- FEDERAL COURT DISMISSES CLAIMS AGAINST ADJUSTER & DENIES INSURED'S MOTION TO REMAND
- JURY FINDS ALLSTATE LIABLE FOR BREACH OF CONTRACT AND BAD FAITH FOR HOMEOWNERS’ SMOKE DAMAGE CLAIMS ARISING FROM BASTROP WILDFIRES
- BENEFICIARY HAS STANDING TO BRING CLAIMS RELATED TO LIFE INSURANCE POLICY AND BENEFITS
- INSURER PREVAILS IN A TEXAS DECLARATORY JUDGMENT ACTION CONCERNING A WEST VIRGINIA PERSONAL INJURY CASE
- FARMERS WINS SMOKE & SOOT BAD FAITH CASE IN HARRIS COUNTY
- HOUSTON FEDERAL COURT FINDS HOMEOWNER MISLED STATE FARM BY SUING INCORRECT ENTITY & RULES STATE FARM SHOULD NOT HAVE TO DEFEND SAME LAWSUIT IN SECOND TRIAL
- DALLAS COURT OF APPEALS HOLDS INSURER WAIVED APPRAISAL CLAUSE & MANDAMUS RELIEF DENIED
- HOUSTON FEDERAL COURT HOLDS EXCESS CARRIER MUST INDEMNIFY ITS ADDITIONAL INSURED
- HOUSTON FEDERAL COURT ORDERS INSURER TO PAY $4 MILLION IN ATTORNEY FEES TO ITS INSURED
- DALLAS FEDERAL COURT REMANDS CASE & FINDS INDEPENDENT ADJUSTER PROPERLY JOINED
- DALLAS FEDERAL COURT KEEPS CASE & DENIES REMAND BASED ON INADEQUATE PLEADINGS
- FIFTH CIRCUIT REJECTS SOPHISTICATED-INSURED EXCEPTION TO DOCTRINE OF CONTRA PROFERENTUM
- COURT FINDS NO DEATH BENEFIT COVERAGE FOR INSURED’S FALL AFTER EXITING VEHICLE
- NATIONAL FLOOD INSURANCE PROGRAM REQUIRES SECOND SWORN PROOF OF LOSS TO PAY SUPPLEMENTAL CLAIM
- PARTIAL SUMMARY JUDGMENT GRANTED IN RESIDENTIAL HAIL STORM CLAIM
- FIFTH CIRCUIT PROVIDES GUIDANCE ON POLICY NOTICE PROVISIONS AND CALCULATING PENALTY INTEREST UNDER THE TEXAS PROMPT PAYMENT OF CLAIMS ACT
- INSURED’S “FORUM MANIPULATION” AND “DECEPTIVE MISCONDUCT” RESULTS IN IRONIC EXPIRATION OF THE STATUTE OF LIMITATIONS AND COMPLETE DISMISSAL OF HIS CLAIMS
- TEXAS SUPREME COURT EXPANDS DEFINITION OF "SUIT" TO INCLUDE EPA ENFORCEMENT PROCEEDINGS
- COURT FINDS PLAINTIFF IN BAD FAITH CASE MAY COMPEL DISCOVERY OF INSURANCE DEFENSE ATTORNEY'S FEE INFORMATION
- COURT REJECTS REFINERY'S ARGUMENTS TO SECURE INSURED STATUS UNDER POLICY ASSIGNED TO PARENT CORPORATION
- LIMITATIONS PERIOD BARS CLAIMS ON RESIDENTIAL INSURANCE POLICY SINCE CARRIER DID NOT CHANGE ITS CLAIM DECISION.
- NOTICE PROVISION IN EXCESS POLICY DOES NOT FOLLOW FORM WITH PRIMARY POLICY SUCH THAT THE EXCESS CLAIM MUST BE REPORTED DURING THE PRIMARY POLICY PERIOD.
- FAILURE TO SUBMIT SOLE NEGLIGENCE ISSUE TO JURY CREATES QUESTION OF FACT ABOUT EXCLUDING COVERAGE FOR VOLUNTARY PAYMENTS.
- MDJW First Friday Webinar - Lessons Learned in Recent Hurricane and Windstorm Litigation
- FIFTH CIRCUIT PROVIDES GUIDANCE ON PREEMPTION OF CLAIMS AGAINST PRIVATE INSURERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM
- AMARILLO COURT OF APPEALS RULES THAT APPRAISERS NEED ONLY BE DISINTERESTED IF REQUIRED BY THE POLICY
- FEDERAL COURT IN AUSTIN GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER IN NARCOTICS EXCLUSION DISPUTE
- DRI NATIONAL BAD FAITH LITGATION CONFERENCE – JUNE 17th-19th IN CHICAGO
- FARMERS WINS STATEWIDE MDL FOR THOUSANDS OF TEXAS WIND-HAIL CASES
- TEXAS SUPREME COURT TACKLES CONCURRENT CAUSATION AND UPHOLDS EXCLUSION IN A HURRICANE IKE PROPERTY DAMAGE CASE
- THE FIFTH CIRCUIT PROVIDES GUIDANCE ON “ERODING LIMITS” LIABILITY POLICIES AND THE DUTY OF A PRIMARY INSURER TO DEFEND
- FEDERAL COURT IN AUSTIN GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER IN PLUMBING OVERFLOW CASE
- FEDERAL COURT IN SAN ANTONIO GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER IN COMMERCIAL FORGERY CASE
- DALLAS COURT OF APPEALS DISCUSSES ADMINISTRATIVE TOOL AVAILABLE TO INSURERS TO RECOVER FROM UNINSURED MOTORISTS
- SOUTHERN DISTRICT OF TEXAS FINDS IN FAVOR OF INSURER’S CALCULATION AND APPLICATION OF COMMERCIAL GENERAL LIBILITY POLICY’S DEDUCDTIBLE
- NO BREACH OF CONTRACT OR EXTRA-CONTRACTUAL LIABILITY WHEN CARRIER TIMELY PAYS AN APPRAISAL AWARD IN FULL
- VERDICT AGAINST INSURANCE AGENT OVERTURNED WHEN PLAINTIFF’S COUNSEL PRESENTED SPECULATIVE CALCULATIONS OF LOST REVENUE AND FAILED TO TIE IT TO COVERED BUSINESS INTERRUPTION COVERAGE
- COMMUNICATIONS BETWEEN INSURED, INSURED’S DEFENSE COUNSEL AND INSURER ARE PROTECTED UNDER FEDERAL WORK PRODUCT PRIVILEGE
- LEGISLATIVE UPDATE: S.B. 1166 PROPOSED CHANGES TO TEXAS PROMPT PAYMENT OF CLAIMS ACT
- NATIONAL LLOYDS WINS FIRST WIND-HAIL JURY TRIAL IN THE VALLEY LAST WEEK
- TEXAS COURT OF APPEALS CONSIDERS WHETHER A COURT MAY BAR A CLAIMANT FROM RECOVERING ATTORNEYS FEES WHERE ITS LAWYER PREVIOUSLY DEMANDED MONIES TO WHICH THE CLAIMANT WAS NOT ENTITLED
- DALLAS APPEALS COURT RULES IN FAVOR OF INSURER ON CONSTRUCTION BUSINESS RISK EXCLUSION
- SOUTHERN DISTRICT OF TEXAS DENIES MOTION TO DISMISS AND FINDS THAT WAIVER OF SUBROGATION PROVISION DOES NOT BAR INSURER FROM ENFORCING CONTRACTUAL INDEMNITY OBLIGATIONS
- THE TEXAS WORKERS’ COMPENSATION DIVISION HAS EXCLUSIVE JURISDICTION OVER CLAIMS FOR MISREPRESENTATION OF AN INSURANCE POLICY WHEN THE ALLEGED MISREPRESENTATION OCCURRED WITHIN THE CLAIMS-SETTLEMENT CONTEXT
- TEXAS DEPARTMENT OF INSURANCE FILES NOTICE OF INTENT TO INSTITUTE DISCIPLINARY ACTION AGAINST PUBLIC ADJUSTER FOR DEFRAUDING INSURANCE COMPANIES
- COURT FINDS PLAINTIFF’S "BAD FAITH" DISCOVERY TACTICS WARRANT SANCTIONS
- BREACH OF CONTRACT AND EXTRA-CONTRACTUAL CLAIMS BASED ON ALLEGED "FULLY COVERED" STATEMENT FALL SHORT - SUMMARY JUDGMENT AFFIRMED
- TEXAS PROMPT PAYMENT ACT NOT APPLICABLE TO BUSINESS INTERRUPTION CLAIM FIRST MADE AFTER SUIT FILED
- NOTICE TO A BROKER IS NOT NOTICE TO THE UMBRELLA CARRIER
- DECLARATORY JUDGMENT ISSUED IN COVERAGE CASE NOT FINAL DESPITE MOTHER HUBBARD CLAUSE
- FIRST PARTY PROPERTY CASE AGAINST ENGINEERING DEFENDANT AS DEFACTO ADJUSTER DISMISSED FOR FAILING TO FILE CERTIFICATE OF MERIT
- MDJW First Friday Webinar - Rule 167: Offers in Compromise or Building a Defendable Claim
Texas Insurance Law Newbrief 2014
- TEXAS PLAINTIFFS LAWYERS CALLED OUT FOR FILING QUESTIONABLE STORM CLAIMS IN NEW JERSEY
- AUTOMOBILE LIABILITY INSURER DID NOT ERR BY LEAVING CHIROPRACTOR OFF SETTLEMENT DRAFT
- SUMMARY JUDGMENT ON CLAIM INVESTIGATION NOT APPROPRIATE WHEN HOMEOWNER REPLACES ROOF BEFORE ADJUSTER CAN INSPECT, BUT ADJUSTER SUBSEQUENTLY DOES LITTLE MORE THAN TAKE PICTURES
- UIM CARRIER’S AGREEMENT TO A THIRD PARTY SETTLEMENT BUT FAILURE TO OFFER UIM SETTLEMENT MAY OR MAY NOT STATE A CLAIM UNDER RULE 12B6
- INDEPENDENT INJURY RULE APPLIES TO EXTRA-CONTRACTUAL CLAIMS WITH PROFESSIONAL LIABILITY CARRIERS
- TEXAS SUPREME COURT MAY PROVIDE GUIDANCE ON INSURER’S LIABILITY SETTLEMENT CHECK TO TWO PAYEES
- TRIAL COURT GRANTS SUMMARY JUDGMENT TO INSURER IN TRAIN COLLISION CASE
- LAW FIRM DEFEATS MALPRACTICE LAWSUIT RELATED TO BP EXPLOSION
- INSURER HIT WITH $34 MILLION JUDGMENT FOR FAILURE TO PAY MALPRACTICE CLAIM
- MDJW First Friday Webinar - Expedited Discovery and Level I Discovery Deadlines
- TEXAS APPEALS COURT FINDS THAT DESTRUCTION AND FABRICATION OF MATERIAL EVIDENCE DOES NOT WARRANT TRIAL COURT’S DEATH-PENALTY SANCTIONS OR MILLION DOLLAR FEE AWARD AGAINST INSUREDS
- FIFTH CIRCUIT COURT OF APPEALS CERTIFIES QUESTION TO TEXAS SUPREME COURT REGARDING COMMONLY USED TERMS IN COMMERCIAL GENERAL LIABILITY POLICIES
- HOUSTON COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN FAVOR OF THE INSURER BECAUSE THE INSURED REJECTED PIP AND UIM COVERAGE IN WRITING WHEN THE INSURER ISSUED THE FIRST AUTO LIABILITY POLICY
- STATE FARM WINS TWO MSJ’S ON WHETHER SPACE SHEATHING NEEDS TO BE REPLACED DURING A ROOF REPLACEMENT
- NORTHERN DISTRICT OF TEXAS DETERMINES THAT THIRD PARTY JUDGMENT CREDITORS CANNOT BRING BAD FAITH CLAIMS AGAINST INSURER
- FAILURE TO TIMELY NOTIFY INSURER OF WORK PLACE STABBING RESULTED IN NO DUTY TO PROVIDE COVERAGE
- 2014 MDJW North Texas Insurance Seminar
- MAN DRIVES $1 MILLION CAR INTO SHALLOW GALVESTON LAGOON—LANDS IN DEEP TROUBLE WITH FEDS
- LOUISIANA JURY FINDS IN FAVOR OF INSURER IN HURRICANE PROPERTY DAMAGE CASE—TAKE NOTHING VERDICT ENTERED IN FAVOR OF REPUBLIC FIRE AND CASUALTY INSURANCE COMPANY
- COURTS RULE IN FAVOR OF INSURERS IN TWO VACANCY CLAUSE CASES
- HOUSTON COURT OF APPEALS FINDS COMPANY NOT AUTOMATICALLY ENTITLED TO COVERAGE FOR PUNITIVE DAMAGES
- SOUTHERN DISTRICT GRANTS SUMMARY JUDGMENT IN FAVOR OF THE INSURER AFTER PARTIAL APPRAISAL AWARD WAS PAID TO THE INSURED
- USAA WINS PUTATIVE CLASS ACTION SUIT BASED TOTAL LOSS VALUATIONS AND THE FILING OF OWNER-RETAINTED REPORTS
- SAN ANTONIO COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN FAVOR OF DRIVER OF VEHICLE BASED ON THE STATUTE OF LIMITATIONS IN LAWSUIT BROUGHT BY PASSENGER IN SAME VEHICLE
- THE “DUE CARE AND DILIGENCE” CLAUSE IN A WELL DRILLING INSURANCE POLICY IS A COVENANT THAT REQUIRES THE INSURER’S BURDEN OF PROOF AT TRIAL, AND A MERE DIFFERENCE IN EXPERT TESTIMONY DOES NOT CREATE A BAD FAITH CAUSE OF ACTION
- IN DETERMINING CITIZENSHIP FOR PURPOSES OF DIVERSITY JURISDICTION STATUTE, FIFTH CIRCUIT LOOKS TO CITIZENSHIP OF INDIVIDUAL UNDERWRITERS OF LLOYD’S PLAN, NOT CITIZENSHIP OF ATTORNEY-IN-FACT WHO SELLS INSURANCE
- FEDERAL COURT LIMITS STATE FARM’S LIABILITY IN FOUNDATION DAMAGE LAWSUIT
- FIFTH CIRCUIT FINDS THIRD-PARTY HAS STANDING AGAINST INSURER WHEN FORCED TO COUNTERCLAIM BY FEDERAL RULES
- TWO RECENT FEDERAL CASES REFLECT DIFFERENT SUMMARY JUDGMENT APPROACHES TO PROPERTY DAMAGE CLAIMS
- INSURERS MAY HAVE NEW REMEDY TO CHALLENGE AMOUNT OF HOSPITAL MEDICAL CHARGES
- HOUSTON COURT OF APPEALS AFFIRMS COMMERCIAL IKE DAMAGE AWARD & FINDING OF KNOWING CONDUCT
- FIFTH CIRCUIT UPHOLDS INSURER’S RIGHT TO CHOOSE COUNSEL WHEN DEFENDING UNDER A RESERVATION OF RIGHTS
- FIFTH CIRCUIT HOLDS UMBRELLA COVERAGE MAY BE TRIGGERED BY PAYMENT OF NON-COVERED CLAIMS
- FEDERAL COURT STRIKES PLAINTIFF'S EXPERTS IN BASTROP FIRE CASE HOLDING "EYEBALL" ESTIMATING METHOD DEEMED UNRELIABLE
- HOUSTON APPEALS COURT SIDES WITH AGENTS IN HURRICANE IKE FAILURE-TO-PROCURE DISPUTE
- DALLAS FEDERAL COURT DISMISSES CLAIMS FOR EQUITABLE SUBROGATION AGAINST THREE PRIMARY INSURERS
- SNOWMOBILES IN TEXAS? HOUSTON APPELLATE COURT EXAMINES THE RECREATIONAL-VEHICLE EXCEPTION TO THE MOTOR-VEHICLE EXCLUSION IN A HOMEOWNER’S POLICY
- TEXAS SUPREME COURT REJECTS EQUITABLE REIMBURSEMENT CLAIMS AGAINST INSURED IN WELL BLOW OUT COVERAGE CASE
- SUMMARY JUDGMENT GRANTED IN FAVOR OF STATE FARM LLOYDS ON WIND, HAIL AND EXTRA-CONTRACTUAL CLAIMS
- COURT FINDS STOWERS DUTY NOT TRIGGERED & UPHOLDS SUMMARY JUDGMENT IN FAVOR OF INSURER
- MDJW First Friday Webinar - Navigating Tilley, Budgets and Billing
- FEDERAL COURT RULES INSURED TAKE NOTHING ON PROPERTY CLAIMS AGAINST INSURER FOR AMOUNT IN EXCESS OF ACV PAYMENT
- BEAUMONT COURT OF APPEALS DENIES MANDAMUS BY CARRIER ON AN ORDER COMPELLING COUNSEL TO PRODUCE HIS DEFENSE FILE IN SUBSEQUENT LITIGATION
- SOUTHERN DISTRICT GRANTS INSURER’S SUMMARY JUDGMENT ON INSURED’S BREACH OF CONTRACT AND BAD FAITH CLAIMS
- EASTERN DISTRICT OF TEXAS FINDS INSURER ACTED REASONABLY IN ITS DECISION TO DENY DEATH BENEFITS BASED ON ITS DETERMINATION THAT THE DECEDENT DIED FROM A PRE-EXISTING HEART CONDITION
- MDJW First Friday Webinar - Insurance Fraud
- FIFTH CIRCUIT REVERSES SUMMARY JUDGMENT IN FAVOR OF INSURER, INVALIDATES ASSIGNMENT UNDER GANDY
- COURT GRANTS MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT ENTERS TAKE NOTHING JUDGMENT
- DALLAS FEDERAL COURT REJECTS CLAIM OF INDEPENDENT INJURY, DENIES EXTRA-CONTRACTUAL DAMAGES
- EL PASO FEDERAL COURT REJECTS EFFORTS TO FORCE INSURER’S COVERAGE ACTION INTO STATE COURT
- OKLAHOMA COURT ENTERS SIGNIFICANT BAD FAITH VERDICTS AGAINST FARMERS INSURANCE
- WOOD DESTROYING INSECT EXCLUSIONS PRECLUDE COVERAGE – CERTIFICATE OF INSURANCE HAS NO IMPACT
- FIFTH CIRCUIT AFFIRMS SUMMARY JUDGMENT IN FAVOR OF INSURER BASED ON NON-PAYMENT OF PREMIUMS – CANCELLATION NOT AFFECTED BY FAILURE TO PROVIDE NOTICE TO MORTGAGEE
- NORTHERN DISTRICT DISMISSES INSURANCE ADJUSTER BASED ON IMPROPER JOINDER
- TEXAS SUPREME COURT NARROWLY CONSTRUES CONTRACTUAL LIABILITY EXCLUSION
- FEDERAL DISTRICT COURT HOLDS CLAIMANT IS A PROPER PARTY TO DECLARATORY JUDGMENT ACTION FOR DEFENSE & INDEMNITY
- FEDERAL DISTRICT COURT HOLDS JOINING APPRAISER CANNOT DEFEAT DIVERSITY JURISDICTION, DENIES REMAND
- FEDERAL MAGISTRATE FINES HOMEOWNER $21,000 FOR CREATING STINK OVER TOILET DAMAGE
- FIFTH CIRCUIT APPLIES LIMITED EXCEPTION TO EIGHT-CORNERS ANALYSIS OF INSURER’S DUTY TO DEFEND – FINDS NO DUTY TO DEFEND OR INDEMNIFY
- FEDERAL COURT FINDS INSURER’S INSISTENCE UPON ACCORD AND SATISFACTION DEFENSE COMBINED WITH LENGTHY DELAY IN DEMANDING APPRAISAL RESULTED IN WAIVER OF RIGHT TO APPRAISAL
- FEDERAL COURT GRANTS SEVERAL MOTIONS TO REMAND FINDING ALLEGATIONS OF IMPROPER CLAIM HANDLING AGAINST ADJUSTERS SUFFICIENT TO STATE A CLAIM
- SOUTHERN DISTRICT OF TEXAS DETERMINES THAT AN INSURER’S PAYMENT OF AN APPRAISAL AWARD NEGATES AN INSURED’S BREACH OF CONTRACT CLAIM
- SAN ANTONIO COURT OF APPEALS REVERSES TRIAL COURT’S DEATH PENALTY SANCTIONS AGAINST INSURER
- MCALLEN COURT DENIES INSURED’S MOTION TO REMAND ON THE BASIS OF IMPROPER JOINDER OF THE INDEPENDENT ADJUSTING COMPANY
- MDJW First Friday Webinar - Emerging Issues in Insurance Bad Faith Litigation
Texas Insurance Law Newbrief 2013
- FEDERAL DISTRICT JUDGE DISMISSES EXTRA-CONTRACTUAL CLAIMS IN VALLEY HAIL CASES & ORDERS APPRAISAL
- JUDGE IN MULTIFACETED SUIT BETWEEN HOMEOWNER, MORTGAGEE FINDS NO MISREPRESENTATION IN REFUSAL TO DISBURSE INSURANCE PROCEEDS
- UNANIMOUS U.S. SUPREME COURT UPHOLDS ERISA POLICY’S PROVISION TRIGGERING LIMITATIONS PERIOD BEFORE CAUSE OF ACTION ACCRUES
- RELYING ON RUTTIGER OPINION, AUSTIN COURT OF APPEALS UPHOLDS SUMMARY JUDGMENT AGAINST WORKERS’ COMP PLAINTIFF
- ATTORNEYS’ FEE AWARD TO INSURER IN SUBROGATION RECOVERY REVERSED UNDER STATE COURT’S APPLICATION OF FEDERAL STATUTE
- SOUTHERN DISTRICT JUDGE REJECTS INSURED’S ATTEMPT TO RENEW CHALLENGE TO VALIDITY OF INSURANCE CHECK INCLUDING MORTGAGEE
- MDJW First Friday Webinar - Legislative Changes to Surplus Lines Insurance Regulations
- APPRAISAL UMPIRE EXCEEDED AUTHORITY AS TO ONE CATEGORY OF DAMAGES, BUT ERROR DID NOT INVALIDATE ENTIRE AWARD
- NORTHERN DISTRICT COURT DISMISSES BAD FAITH CASE AGAINST STATE FARM AFTER PLAINTIFF FAILS TO MEET FEDERAL PLEADING REQUIREMENTS
- E-MAILS SHOWING LEISURE TRAVEL & CONTINUED PRACTICE OF LAW SUPPORT CARRIER TERMINATING ATTORNEY’S DISABILITY BENEFITS
- 2013 MDJW North Texas Insurance Seminar October 18, 2013Irving, Texas
- FIFTH CIRCUIT CERTIFIES “ADDITIONAL INSURED BASED ON SERVICE CONTRACT” QUESTIONS TO SUPREME COURT OF TEXAS
- CORPUS CHRISTI COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT FOR ALLSTATE ON BAD FAITH AND “LACK OF COOPERATION” CAUSES OF ACTION
- COURT REJECTS EFFORTS TO SIMPLY REFER TO RESPONSE TO PRIOR MOTION IN OPPOSITION TO LATER NO-EVIDENCE MOTION – SUMMARY JUDGMENT AFFIRMED
- 2013 MDJW North Texas Insurance Seminar
- THE SUPREME COURT OF TEXAS HOLDS THAT AN INSURER MUST COVER A HOMEBUILDER’S VOLUNTARY PAYMENTS BECAUSE IT DID NOT SUFFER ANY PREJUDICE FROM THE PAYMENTS
- COURT OF APPEALS DETERMINES THAT GENERAL PARTNER IS NOT INSURED FOR LIABILITY FOR AN ENTITY NOT LISTED AS AN INSURED UNDER THE POLICY
- TEXARKANA COURT OF APPEALS HOLDS THAT TENANTS IN SUFFERANCE DO NOT HAVE AN INSURABLE INTEREST IN A PROPERTY LOSS
- MDJW First Friday Webinar - Premises Liability 2: Causation and Damages
- INSURER NOT REQUIRED TO ACCEPT INSURED’S ATTORNEY OF CHOICE AFTER MERE SUGGESTION OF CONFLICT OF INTEREST
- OKLAHOMA FEDERAL COURT APPLIES TEXAS LAW, GRANTS SUMMARY JUDGMENT TO INSURER IN UNINSURED MOTORIST CASE
- FORT WORTH COURT OF APPEALS UPHOLDS ORDER CONVEYING INSURED’S CAUSES OF ACTION AGAINST INSURER TO INSURED’S JUDGMENT CREDITOR
- 2013 MDJW NORTH TEXAS INSURANCE SEMINAR
- SOUTHERN DISTRICT OF TEXAS REFUSES TO REMAND CASE REGARDING A RULE 11 AGREEMENT ENTERED INTO BETWEEN THE MOSTYN LAW FIRM AND STATE FARM
- FOURTEENTH COURT OF APPEALS HOLDS THAT A THIRD-PARTY CLAIMANT DOES NOT HAVE STANDING TO BRING CLAIMS BASED ON SECTIONS 541 AND 542 OF THE TEXAS INSURANCE CODE
- MDJW First Friday Webinar - Premises Liability
- STATE FARM WINS FIRST HURRICANE IKE BAD FAITH TRIAL
- HOUSTON COVERAGE TEAM WINS SUMMARY JUDGMENT ON “IMPAIRED PROPERTY” EXCLUSION
- FEDERAL COURT IN NORTHERN DISTRICT RETAINS SURPLUS LINES INSURANCE CASE ON PUBLIC POLICY GROUNDS
- FEDERAL COURT IN SOUTHERN DISTRICT, MCALLEN DIVISION FINDS IMPROPER JOINDER & DENIES MOTION TO REMAND BAD FAITH CASE
- MDJW Recognized Again by Chambers USA as the Top Insurance Litigation Firm in Texas
- SOUTHERN DISTRICT OF TEXAS DENIES INSURED’S MOTION TO REMAND AND DISMISSES LAWSUIT AGAINST THE ADJUSTER AND STATE FARM LLOYDS
- FIFTH CIRCUIT CONFIRMS THAT AN EXCESS LIABILITY INSURER IS NOT REQUIRED TO SHOW PREJUDICE BEFORE DENYING COVERAGE BASED ON LATE NOTICE OF THE TRIGGERING EVENT
- DRIVER EXCLUSION PRECLUDES COVERAGE FOR LOSS PAYEE
- INSURED’S FAILURE TO ALLOW INSURER A REASONABLE OPPORTUNITY TO INSPECT THE LOSS BEFORE REPAIRS, PRECLUDES COVERAGE
- YOUR WORK, EARTH MOVEMENT EXCLUSIONS DO NOT DEFEAT DUTY TO DEFEND IN ROAD CONSTRUCTION LAWSUIT
- AWARD OF REFUND FROM PROVIDER TO WORKERS’ COMP CARRIER HELD TO BE OUTSIDE THE SCOPE OF DISTRICT COURT’S AUTHORITY
- DALLAS COURT OF APPEALS REJECTS CONSTITUTIONAL CHALLENGE TO 2003 MEDICAL MALPRACTICE REFORMTI
- Court Demands Lawsuit After Plaintiff Stipulates The Amount In Controversy Does Not Exceed $75,000
- Dallas Federal Court Denies Insured's Motion To Remand For Failure To Assert Viable Claim Against Adjuster
- Dallas Trial Team Wins Defense Verdict On Behalf Of Electrician In Wrongful Death Case
- Beaumont Court Of Appeals Finds Plaintiff's Attorney Fee Request In Hurricane Case Excessive
- Fifth Circuit Rejects Global Warming Claims By Katrina Victims
- MDJW First Friday Seminar - "Lessons Learned From Hurricane Ike"
- Assignment of Claims Against Subcontractors Not Voided By General Constractor's Insurers' Subrogation Rights
- McAllen Federal Judge Refuses To Remand Residential Hail Suit On Amount-In-Controversy Issue
- Federal District Court Abstains From Coverage Action Based on Pending Case In California State Court
- Eastern District Of Texas Denies Insured's Motion For Demand And Dismisses Third-Party Adjusting Company From Lawsuit
- Northern Disctrict Of Texas Refuses To Extend Insurer's Duty To Defend Beyond The Policyholder's Employees
- Federal Court Holds That A Director And Omissions Liability Policy May Not Be Transformed Into A Policy That Provides Coverage For The Policy Holder's Own Loss
- MDJW First Friday Webinar - Lessons Learned From Hurricane Ike - June 7, 2013
- Western District Of Texas Admits Extrinsic Evicence In Duty-To-Defend Case
- Policy Construction 101: Northern District Of Texas Holds Endorsement Mean What They Say
- Southern Disctrict Of Texas Recommends Prompt Payment Claims Be Considered "Extra-Contractual"
- MDJW First Friday Webinar - Multiple Claims And Inadequate Limits Part 2
- No Evidence To Support Driver's Reasonable Belief To Use Vehicle - Summary Judgment For Insurer Affirmed
- Federal District Court For Northern District Of Texas Declines Jurisdiction Over An Insurer's Declaratory Judgment Action Regarding Its Duty To Indemnify
- Southern District Of Texas District Court Holds "Construction Of Residential Property Exclusion With Exception For Apartments" Policy Provision Relieved Insurer From Duty To Defend
- Policyholder Does Not Have the Right to Assume a Policy Renewal is Based on the Same Terms as the Original Policy
- Court Dismisses Plaintiff’s Causes of Action After Affording Plaintiff Multiple Opportunities to Amend Its Pleadings
- Court Dismisses Claims Against Insurers on Grounds that They Previously Exhausted the Coverage Limits of Their Respective Policies
- Tort Plaintiff's Judgment Against Defendant's Insurer Dismissed By Court Of Appeals As Not Yet Ripe For Adjudication
- Expiration Of Limitations Period For Negligence Claim Does Not Render Other Driver "Uninsured" For UM/UIM Purposes
- Texas Supreme Court Denies Review Of Case Affirming U.S. Army Subrogation Rights
- Insured Church Overcomes Summary Judgment Motion Even Though Insurer Invoked Appraisal And Paid Award
- Court Of Appeals Affirms Summary Judgment In First Party Case Alleging Fraud Based On Change In Claims-Handling Practices
- Claims Asserted Against Insurance Agent Deemed Insufficient, Leading To Agent's Dismissal And Denial Of Motion To Remand
- South Texas Insurance Law Seminar - February 21 & 22 In Houston
- Fifth Circuit Reaffirms Soriano Protection Of Liability Carriers From Multiple Exposures In Excess Of Policy Limits
- Federal Judge In Eastern District Dismisses Numerous Extra-Contractual Claims By Insured
- Houston Appellate Court Exonerates Insurance Agent In Broker Liability Suit
- South Texas Insurance Law Seminar - February 21 & 22 In Houston
- Fifth Circuit Holds Insured's Late Notice To Insurer Of Appealable Final Judgment Is Prejudicial As A Matter Of Law
- Court Orders Severance And Abatement Of Extra-Contractual Claims In Uninsured Motorist Lawsuit Where No Offer Of Settlement Was Made
- Breach Of Insured Warranty To Fence In Property Protected By Theft Policy Deemed Immaterial To The Loss, insured Liable
- Court Of Appeals Holds Trial Court Abused Its Discretion By Denying Insurer's Motion To Compel An Appraisal
- Fifth Circuit Holds Replacement Value Was The Appropriate Measure Of Determining Damages For A Waste Treatment Facility Destroyed By An Explosion
- Federal District Court In McAllen Remands Case To State Court Because Insurer Failed To Establish Improper Joinder
- MDJW University: "First Friday" Free Webinar Texas UM/UIM & Litigation Update
- Southern District Of Texas Refuses To Extend The Subsidiary Rule To Unincorporated Divisions Of A Parent Company In Diversity Actions
- Foreign Corporations Not Registered With The Texas Secretary Of State May Maintain A Lawsuit In Texas If They Possess An Active License With The Texas Department Of Insurance
- Dallas Court Of Appeals Upholds Summary Judgment Against Landlord Suing As Loss Payee Under Tenant's Policy
- Southern District Dismisses EC Claims In First-Party Action Arising Out Of Construction Defect Lawsuit
- Assault By Driver Not Covered By Underinsured Motorist Provisions Of Auto Policy
- San Antonio Appellate Court Justice Encourages Supreme Court To Review Lynd V. RSUI Indemnity Opinion
- Fifth Circuit Rules Insurer Has No Defense Obligation In Misrep Suit Over Weight Loss Products
- Resident's Violation Of Condo Bylaws Not An Occurence Under Condo Association's Liability Policy
Texas Insurance Law Newsbrief 2012
- Federal District Court Grants Summary Judgment In Favor Of Insurer And Orders Insurance Agent To Repay Unearned Commissions
- Eastland Court Of Appeals Upholds Trial Court Judgment Against Employer Because Evidence Did Not Conclusively Establish Employer’s Exclusive Remedy Defense
- NEWSBRIEF TO RESUME JANUARY 7, 2013
- MDJ&W WISHES ALL A VERY MERRY CHRISTMAS AND A HAPPY NEW YEAR!
- Fifth Circuit Upholds Summary Judgment That Insurer Is Entitled To Return Of Excess Settlement Funds Paid To Insured In Error
- Federal District Court Grants Summary Judgment In Favor Of General Liability Insurer On Home Health Service's Auto Policy Carrier's Duty To Defend
- Texas Supreme Court Holds Remand Is Proper Remedy When Trial Court Finds No Valid Impairment Rating In Comp Case
- Texarkana Court Of Appeals Upholds Trial Court Judgment That Viagra Prescription Not Linked To Workplace Injuries
- MDJW University: First Friday Seminar, This Friday 7th "Multi-Carrier Problems & Solutions"
- Insurer Satisfied Hospital Lien by Issuing Checks Co-Payable To Injured Parties and Hospital
- U.S. District Court Finds Pollution Exclusion Precludes Employee Injury Claims Based on Inhalation of Toxic Hard-Metal Substances
- Co-Defendant’s Consent to Removal Must Be Given and Filed Within 30 Day Period
- Stowers Demands - MDJW First Friday – REPEAT BROADCAST - November 7, 2012
- REMINDER: REGISTER NOW FOR MDJW CENTRAL TEXAS INSURANCE SEMINAR NOVEMBER 9TH IN SAN ANTONIO
- Texas Supreme Court Renders Judgment In Workers' Compensation Case That Plaintiff Take Nothing Pursuant To Texas Mutual Insurance Co. v. Ruttiger
- Appellate Court Holds Insurer Unable To Seek Subrogation And Indemnity For Damages Resulting From Fire At University Of Texas' Golf Clubhouse Allegedly Caused By Subcontractor
- District Court For Southern Texas, McAllen Division, Remands Two Cases To State Court Because Insurer Failed To Establish Improper Joinder
- Reminder: MDJW Central Texas Insurance Seminar November 9th In San Antonio
- Houston Court of Appeals Holds Appraisal Award, By Itself, Does Not Prove Breach of Contract in Hurricane Ike Case
- Federal District Court Rules For Insurer That Refused Defense And Indemnity For Suit Over Alleged "Stock Kickback Scheme"
- State Bar of Texas 17th Annual Insurance Law Institute October 18-19th In Austin
- Reminder: MDJW Central Texas Insurance Seminar November 9th In San Antonio
- Court Finds No Duty To Indemnify - Loss Predates Policy Period
- Court Denies Motion To Remand - Adjuster Improperly Joined
- El Paso Court Of Appeals Withdraws And Reverses Its Prior Opinion As To Abatement Of Extra-Contractual Claims In Undersigned Motorist Action
- MDJW "First Friday" Web Seminar - This Friday!
- MDJW Central Texas Insurance Seminar - November 9th In San Antonio
- San Antonio Court of Appeals Affirms Summary Judgment; Insurer Owes No Duty To Defend Insured Against Misrepresentation Claims
- Federal District Court Grants Summary Judgment In Favor Of Insurer In Bad Faith Lawsuit Filed After Insurer Complied With Appraisal Provision
- Federal District Court Dismisses Texas Insurance Code Claims Asserted Against A Co-Primary Insurer
- Fifth Circuit Reverses Declaratory Judgment in Coverage Case, Holds Affidavit, Application Should Not Have Been Considered
- After Remand From Texas Supreme Court, Court of Appeals Reverses Summary Judgment in Insurer's Favor in Coverage Suit
- Southern District of Texas Judge Remands Two Bad Faith Cases to State Court Based on Claims Against Texas Adjusters
- San Antonio Court of Appeals Finds Facts Issues Preclude Summary Judgment For Primary and Excess Insurers, but Grants Summary Judgment on Chapter 542 Late Payment Claims
- Fifth Circuit Withdraws June 2012 Ewing Opinion, Certifies Questions to Texas Supreme Court
- In Lawsuit Between Insurers, Dallas Court of Appeals Finds Other Insurer Wrongfully Refused To Defend And Indemnify Mutual Insured
- El Paso Court of Appeals Holds Trial Court Erred in Denying Motion to Sever Extra-Contractual Underinsured Motorist Claims from Contract Claims but Properly Denied Abatement
- Safeco Wins Bad Faith Jury Trial in Fort Bend County
- Court Holds Insurer May Rely on "Vacancy Clause" of Homeowner's Policy without Showing Prejudice
- Fifth Circuit Holds "Notice Provision" Jurisprudence Applies to Excess Carriers the Same as to Primary Carriers
- Judge Leonard Davis from Eastern District of Texas is Fourth to Issue Rules Relating to Mock Trials, Focus Groups
- Federal District Court Dismisses All Claims Against Insurer in Hurricane Ike Lawsuit
- Tyler Court of Appeals Issues Conditional Writ of Mandamus; Trial Court is Directed to Sever and Abate Extra-Contractual Claims Against Insurer
- Federal District Court Concludes Insurer May Deny a Claim After Appraisal if Loss Was Not the Result of a Covered Cause
- Alcohol Exclusion in Life Insurance Policy Applied as Written by Fifth Circuit
- Fifth Circuit Applies Strict Version of Eight-Corners Rule Despite Policy Language
- "First Friday's" Web-Seminar Continues This Friday, August 3rd: "Appraisals in Texas: Hot Issues"
- Fifth Circuit Court of Appeals Upholds Insurer's Denial of Coverage for the Cost of Independent Counsel
- Supreme Court of Texas Holds Homeowner Must Present Evidence to Show That Repair Costs Are Reasonable and Necessary
- First Court of Appeals of Texas Holds Insurer Has No Claim for Equitable Subrogation to Extent Payments Exceed Amounts Owed in Proportion to Fault of Insured
- Supreme Court of Texas Holds Insurer Has No Duty to Defend Organ Donation Charity Against Claims for Mental Anguish and Loss of Tissues
- Texas Supreme Court Holds Attorney-Client Privilege Does Not Apply to Communications Between Insurer's Lawyer and Employer in Comp Bad Faith Case
- Texas Supreme Court Holds Texas Workers' Compensation Act Does Not Deprive Trial Court of Subject Matter Jurisdiction to Review Impairment Rating
- Texas Supreme Court Overrules Aranda; Eliminates Common Law Bad Faith Claims Against Workers' Compensation Carriers
- Federal District Court Grants Insurer's Motion for Summary Judgment Finding Earth Movement and Water Exclusions Unambiguously Applied to Claim
- Harris County District Judge Grants Insurer's Motion for Summary Judgment on Limitations in Hurricane Ike Case
- Dallas Court of Appeals Holds That Insurer's Denial of Coverage Does not Preclude Suit Under Texas Declaratory Judgment Act
- Federal Court Rules That CGL Carrier, Not Auto Carrier, Owes Indemnity After Patient Fatally Injured in Transit to Ambulance
- Court of Appeals Holds Trial Court May Set Aside Dismissals on Allegation of Forgery by Plaintiff
- Houston 14th Court of Appeals Holds Mortgagor Is not a Third Party Beneficiary or an Intended Beneficiary of Force-Placed Insurance Policy
- Supreme Court of Texas Holds Stop-Loss Insurance Sold to a Self-Funded Employee Health-Benefit Plan Is Direct Insurance Subject to Regulation under the Insurance Code
- Federal Court Rules Insured May Pursue EC Claims Even After Timely Payment of Appraisal Award
- Texas Supreme Court Holds homeowner Not a "Prevailing Consumer" Against Contractor Under DTPA, but Insurer's Oral Promise To Pay Contractor Is Enforceable
- Houston Court of Appeals Holds Insurer Failed to Conclusively Negate Borrower's Status As a Third-Party Beneficiary Under "Force-Placed" Insurance Policy
- MDJW South Texas Insurance Seminar - May 11 at the Houston Club
- Commercial Hurricane Ike Trial in Houston
- State Farm Wins Hurricane Dolly Trial in the Valley
- United States Army Has Subrogation Rights Against Insured's UIM Coverage
- U.S. District Court Rejects Borrowers Claims Against Lender's Insurer on Forced-Placed Mortgage Protection Policy
- Court Rejects Insured's Claims Against Expert Hired by Insurance Company
- U.S. District Court Allows Common Law Bad Faith Claims to Proceed Against Workers' Compensation Insurer
- MDJW South Texas Insurance Seminar - May 11 at the Houston Club
- San Antonio Court of Appeals Reverses trial Court and Renders Judgment for Insured
- Mortgage Holder Negligently Handled Insurance Claim Proceeds
- Asbestos Not a Pollutant Under Pollution Exclusion Clause of Excess Policy
- Three Auto Accidents One "Occurrence" Under GCL Policy Issued to Road Construction Company
- Federal District Judge Issues Rulings in Two Workers' Compensation Cases and One Ike Lawsuit
- Haygood Paid-and-Incurred Rule Held Not to Apply to Health Care Provided Free of Charge Under Indigent Charity Program
- MDJW Lawyers Named as Rising Stars
- MDJW Closed Friday April 6th - Newsbrief to Resume April 16th
- United States Supreme Court Affirms Validity of Field Preemption As a Defense to Common Law Tort Claims
- Fifth Circuit Finds No Abuse of Discretion by ERISA Plan Administrator's Decision to Deny Disability Benefits
- Hurricane Ike Update: Two Mandamus Proceedings Filed For Review of Order Compelling Production of All Corporate Emails
- Hurricane Ike Update: MDL Panel Orders Stay of State Farm Ike Cases
- "First Fridays" Web-Seminar to Begin This Friday, March 9th: "The Future of Bad Faith Litigation in Texas"
- Fifth Circuit Finds Insured Contract Exception Inapplicable and Reverses District Court
- Fifth Circuit Finds "Auto" Exclusion Applied to Injuries Cause by Ruptured Hose Connected to Oil Truck
- Texas Supreme Court Denies Petition for Review of Order Denying Dismissal of Claims Brought by an Auto Insurer Against Medical Providers
- Texas Supreme Court to Reconsider Landmark Ruttiger Decision on Worker's Compensation / Bad Faith Claims
- Deer Stand Accident Results in Coverage Under UIM Policy; Court Finds Claim Against Homeowners Carrier "Not Ripe"
- Southern District of Texas Judge Abates Entirety of Hurricane Ike Case Pending Appraisal
- "First Friday's" Web-Seminar to Begin Friday, March 2nd
- DRI's Insurance Coverage & Claims Institute Scheduled for Chicago on March 28-30th
- City-Owned Vehicle is Not "Uninsured Motor Vehicle" as Defined by Auto Liability Policy
- Past and Future Lost Earning Excluded by EPL Policy
- Interpleader Presents Issue of "Ex-Spouse" Notation on Beneficiary Form Subject to Statutory Re-Designation Requirement for Former Spouse
- Insurer Has No Duty to Defend or Indemnify FLSA Claims
- Fifth Circuit Holds Insurer's Timely Payment of a Binding and Enforceable Appraisal Award Precludes Breach of Contract and Bad Faith Claims
- Federal District Court Refuses to Set Aside Appraisal Award Where Umpire Made Determinations Containing Elements of Causation and Failed to Itemize Each Element of Damage
- Texas Supreme Court Holds That Texas Workers' Compensation Act Provides Exclusive Remedy for Temporary Workers
- Property Owner Found Not Liable for Injuries to Independent Contractor's Employee
- Court Finds Property Owner Was Not Intended or Implied Third Party Beneficiary of Insurance Contract Issued to Lessee - Insurer's Summary Judgment Granted
- Federal District Court Finds No Duty to Defend- Policy's Field of Entertainment Exclusion Precludes Coverage
- Hurricane Ike Litigation Update
- Fifth Circuit Affirms Summary Judgment and Attorney's Fees Awarded Against Insured In Declaratory Judgment Action
- Federal District Court Grants Summary Judgment On Hotel Owner's Business Interruption Claim
- Federal District Court Grants Summary Judgment In Favor of Insurer & Finds Extra-Contractual Claims Barred by Limitations
- Judgment That Allowed Insured to Pocket Sanctions Award When Insurer Paid Defense Costs Vacated on Appeal
- 5th Circuit Holds Molestation is Intentional & Thus Not an "Occurrence" Under Liability Policy
- Fort Worth Court of Appeals Holds Damage to Residence by Drunk Driver Not Covered by UM/UIM Policy
- Date of Injury Need Not Be Pled In Underlying Petition to Trigger Duty to Defend According to Houston Court of Appeals
- Evidence of Specific Date of Construction Defect Injury Not Necessary to Trigger Duty to Defend and Indemnify Under CGL Policy
- Lloyd's Policy Limits Indemnification Available to Additional Assureds
- Two-Year Statute of Limitations Bars Extra-Contractual Claims Against Insurer
- Business Interruption Claims Hinges on Policy Language
Texas Insurance Law Newsbrief 2006 - 2011
- Fifth Circuit Finds "Insured Contract" Despite Unenforceable Indemnity Provision
- Insured Waives Privacy and Self Incrimination Objection to Written Discovery - Death Penalty Sanctions Upheld
- Insurer Prejudiced as a Matter of Law by Insured's Violation of Consent to Settlement Provision - Court Upholds Summary Judgment
- Hurricane Ike Update: First Hurricane Ike Jury Trial Started Last Week in Harris County
- Hurricane Ike Update: Montgomery County Presiding Ike Judge Orders Mass Mediations to Commence in All Hurricane Ike Cases Pending in Montgomery County
- U.S. Senate Approves an Extension of the National Flood Insurance Program Through Next May; House of Representatives to Consider the Extension
- Houston Court of Appeals Reverses Judgment in a Subrogation Case and Orders Damages to be Prorated Among Excess Insurers
- Fifth Circuit Affirms Summary Judgment on Bad Faith Claims Asserted Against Workers' Compensation Carrier
- Federal District Court Holds Liability Insurer has Right to Select Defense Counsel for Its Insured
- USAA Wins Summary Judgment in Hurricane Ike Case Based on Policy Not Being in Force
- Texas Medical Liability Act Report Requirements Do Not Apply to Insurer's Fraud Claims Against Medical Providers
- Court Rejects "Participatory Liability" Claims Against Expert Consultant in Ike Claims
- Ike Trial in Harris County Delayed to December
- MDJW University: Texas Insurance Seminar, November 15, 2011
- Hurricane Ike Update: Montgomery County District Court Judge Orders Abatement, Mass Mediation & Rocket Docket in All Hurricane Ike Cases Pending in Montgomery County
- Hurricane Ike Update: Two Mandamus Proceedings Filed in Texas Supreme Court for Review of Harris County District Court's Failure to Abate Litigation Pending Completion of the Appraisal Process
- First Hurricane Ike Trial in Harris County Set to Start on Thursday
- Southern District of Texas Court Holds That Appraisal Provision of the Standard Flood Insurance Policy is Limited to Matters Where Coverage Is Not At Issue
- Court Holds Insurers Have no Duty to Defend or Indemnify Where Applicable Policies Do Not Provide Coverage for Claims Made in and Underlying Suit
- MDJW University: Texas Insurance Seminar, November 15, 2011
- Houston Court of Appeals Conditionally Grants Petition for Mandamus in UIM Case Re Severance & Abatement
- Amarillo Court of Appeals Denies Petition for Mandamus in UIM Case Regarding Abatement
- Waco Court of Appeals Holds Division of Workers' Compensation Lack Right to Review Lifetime Income Benefits After Administrative and Appellate Remedies Have Been Exhausted
- MDJW University: Texas Insurance Seminar, November 15, 2011
- Waco Court of Appeals Orders Appraisal in Ike Case but Refuses to Overturn Oral Discovery Ruling
- Fifth Circuit Reverses Southern District Ruling Holding Jury Verdict Not Conclusive as to Liability Coverage Question
- Houston Appeals Court Concludes City of Bellaire Not Entitled to Governmental Immunity in Workers' Comp Case
- MDJW Texas Insurance Seminar: November 15, 2011
- Southern District Judge Rejects Form Anti-Appraisal Arguments
- In Approving Class Settlement, Dallas Federal Judge Determines Policy Proceeds from Policy are Properly Allocated
- El Paso Appellate Court Affirms Summary Judgment in Insurer's Favor Based on "Interrelated Acts" Clause of Claims-Made Policy
- Texas Supreme Court Reverses Ruttinger: Workers Compensation Carriers Not Subject to Unfair Settlement Practices Claims Under the Texas Insurance Code
- Austin Court of Appeals Permits Worker to Pursue Claims for Denial of Worker's Compensation benefits Since He Exhausted All Administrative Remedies
- Appeals court Upholds Dismissal of Injured Worker's Insurance Claim For Failure to Timely File Lawsuit
- Coverage Not Afforded for Policy Provisions Stricken During Negotiations
- Southern District Finds Carrier Engaged in Forum Shopping: Dismisses Declaratory Judgment Action Against Insured
- Imperial Sugar Files Coverage Suit Seeking $50 Million to Defend Third-Party Claims Arising from refinery Explosion
- Stewart Title Guaranty Company Sues Great American Over Fraud Claims
- National Flood Insurance Program Set to Expire September 30, 2011
- Claims of Negligent Failure to Provide Chaperone Against Employer "Arise Out Of" Employee's Sexual Misconduct - Exclusion Applies
- Trial Court's Preemptive Sanctions in Questioning Witness in Underinsured Motorist Claim Held to be Abuse of Discretion
- Mortgagor Lacks Standing to Sue Insurer Under Lender-Placed Commercial Policy
- State Farm Wins Arson Trial in Dallas
- Paid vs. Incurred Medical Expenses: Texas Supreme Court Holds That Only Evidence Recoverable Medical Expenses is Admissible at Trial
- Fifth Circuit Denies Coverage of $263 Million Settlement
- Harris County Court Dismisses Insurance Claims Asserted by Plaintiffs Who Were Deemed Not to be Beneficiaries of the Insurance Contract
- Galveston Federal Court Grants Motion for Leave to Amend Pleadings, With a Warning that Twombly and Igbal Have Not Radically Altered the Heightened Federal Pleading Requirement as Often touted by Defendants
- Corpus Christi Appeals Court Holds No Ambiguity in an Insurance Policy Where the Insured Must Pay Premium as a Condition Precedent to the Insurance Contract Going Into Effect
- Appellate Court Upholds Dismissal of an Insured's Insurance Claims Based on a Policy Endorsement Even thought it was Not Provided to the Insured in the Insurance Binder
- Court Holds Insurer Has No Duty to Defend and Insured Who was not Named as a Defendant in the Lawsuit and Where the Inured Did Not Tender the Lawsuit to the Insurer.
- Houston court of Appeals Orders Severance of an Insureds' Breach of Insurance Contract Claim From the Insureds' Prompt Payment Claim
- 11th Circuit Court of Appeals Finds the Individual Mandate in the Obama Healthcare Legislation Unconstitutional
- Federal District Court Gants Summary Judgment on Claims of Bad Faith and Chapter 541 Insurance Code Violations
- Federal District Court Grants Summary Judgment Finding No Coverage for Flood Damage to Vehicles
- San Antonio Court of Appeals Finds Workers Compensation Insurer Must Bear Proportionate Share of Injured Worker's Expenses Incurred Litigating Against Third Parties
- Union Insurance Obtains Dismissal of Hurricane Coverage Action by Bankruptcy Court & Is Awarded Attorneys' Fees
- Fifth Circuit Panel Rejects Argument That insured's Client is Implicitly Covered as Additional Insured Under Policy
- Insured's Failure to Disclose Criminal Record Renders Policy Void & Leads Court of Appeals to Render Take-Nothing Judgment
- Hurricane Ike Plaintiff's Form Pleading Fails to Overcome Removal to Federal Court
- Hurricane Ike Commercial Plaintiff's Claims Against Insurer's Parent Company Dismissed & Court Stays Case for Appraisal
- MDJW Opens New Conference Center in Houston Office
- Business Auto Policy Does Not Cover Transmission of a Communicable Disease From Driver to Passengers
- Fifth Circuit Finds No Coverage for Business Torts in Liability Policy's Advertising Coverage
- Court Upholds Jury's Verdict Awarding Damages for Breach of Settlement Agreement of Workers Compensation Claim
- Insurer Wins Summary Judgment and Sanction Against Claimant in Bad-Faith Workers Compensation Lawsuit
- Judgment Entered on $3.96 Million Jury Verdict on Galveston County Ike Trial
- Each Property Adjusted Requires a Separate Deductible for claims Against Forum-Defendant Insurance Adjusting Company Under Its Liability Policy
- Federal District Court Relies On Well-Settled Law, Denying Motion to Remand in Two Separate Opinions
- New Charges of Lying to Federal Investigators Added to Hurricane Ike Fraud Prosecution
- National Flood Insurance Program Remains on Congress' to-Do List
- Texas Joins 20 Other States in Challenge to Health Care Law in Eighth Circuit
- Federal Judge in Houston Dismisses EC Claims in Hurricane Case Based on Inadequate Pleadings by Mostyn Firm
- New Appraisal Orders in Hurricane Case From Houston Federal Judge
- Federal Judge Finds "Legally Intoxicated" Exclusion is Not Ambiguous
- Court of Appeals Concludes Insurer Has No Liability to Insured for UIM Coverage When Settlement Amounts Exceed Damages
- Court of Appeals Affirms Summary Judgment in Favor of Insurer on grounds That Insured Breached Duty to Cooperate
- Court of Appeals Finds Workers' Compensation Carrier Can Pursue Subrogation Claims Against Tortfeasor After Insured Has Settled and Dismissed Claims with Prejudice
- Insurer Secures Reversal of $8 Million Katrina/Rita Verdict in Dallas Federal District Court
- Judgment Upheld in Favor Insurer & Agent Where Insured Sought First-Party Coverage Under Third-Party Policy
- Presence of Cocaine in Deceased's System Not Enough to Support Denial of Worker's Comp on Intoxication Grounds
- Jury Finds No Liability in Hailstorm Case Involving 250 Townhomes
- Legislative Update: TWIA Damage-Limitation Bill Clears House; Senator Offers Bill to Eliminate the Agency
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
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
- 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
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
Journal of Texas Insurance Law
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
- 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
- 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
- “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
- 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
- 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
- Self Insureds Have No Extracontractual Duties
- Coverage for Construction Defects under a Commercial Liability Policy --- Clarifying the Confusion
- 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
- “Damn Fools” – Looking Back at Stowers after 75 Years
- Insurability of Punitive Damages in Texas
- A Short Primer on Advertising Injury Coverage
- 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
- 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
- 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