Texas Insurance Law Newsbrief - July 2, 2019

July 2, 2019

COURT OF APPEALS POTENTIALLY EXPANDS STOWERS DOCTRINE TO ELIMINATE THE REQUIREMENT OF A JUDGMENT IN EXCESS OF THE POLICY LIMITS

Last week, the Court of Appeals of Texas, San Antonio concluded that it is not clearly established law that the Stowers Doctrine applies only when there is a judgment in excess of policy limits.  Read more...

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

Last week, the Supreme Court of Texas held that insurers are liable for damages under Section 542.060 of the Texas Prompt Payment of Claims Act (“TPPCA”) only when the insurer (1) accepts liability or is adjudicated liable under the policy, and (2) violated a TPPCA deadline or requirement.  Read more...

COURT OF APPEALS CONCLUDES RESTAURANT’S WATER FEATURE WAS OPEN AND OBVIOUS AND AFFIRMS SUMMARY JUDGMENT IN FAVOR OF PREMISES OWNER

Last week, the Court of Appeals of Texas, Houston concluded that the premises owner’s double-fountain water feature was open and obvious and affirmed dismissal of the customer-plaintiff’s premises-liability claim.  Read more...