Texas Insurance Law Newsbrief - January 18, 2022

January 18, 2022

U.S. DISTRICT COURT CONCLUDES THAT INSURER HAD NO DUTY TO SETTLE CLAIMS ARISING FROM MCS-90 ENDORSEMENT OBLIGATION

Last week, the United States District Court for the Southern District of Texas concluded that insurer had no duty to settle claims arising from MCS-90 endorsement obligation.  Read more...

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

Last week, the United States District Court for the Western District of Texas concluded that the defendant in a personal-injury suit was entitled to discovery of the fee schedules and reimbursement rates of the plaintiffs’ medical providers and granted the defendant’s motion to compel.  Read more...

FIFTH CIRCUIT COURT OF APPEALS HOLDS THAT INSURER HAS DUTY TO DEFEND MANUFACTURER-INSURED AGAINST CLAIMS OF LEAKS AND WATER DAMAGE

In Siplast, Inc. v. Employers Mutual Casualty Co., No. 20-11076, 2022 WL 99303 (5th Cir., Jan. 11, 2022), the Archdiocese of New York (the “Archdiocese”) purchased a roof membrane system from roofing manufacturer Siplast, which was installed at a high school in the Bronx, New York.  Read more...