Texas Insurance Law Newsbrief - September 27, 2022

September 27, 2022

DALLAS FEDERAL COURT TACKLES ANOTHER CONCURRENT CAUSATION ISSUE

This week, the United States District Court of the Northern District of Texas added another case to the list of parties and onlookers anxiously awaiting the Supreme Court of Texas’s forthcoming ruling on concurrent causation. Read more...

SOUTHERN DISTRICT OF TEXAS ALLOWS CORPORATE DEPOSITIONS FOR UIM DAMAGE INFORMATION

Last week, the Texas Court of Appeals in Tyler allowed an Insurance company’s corporate representative deposition in an underinsured motorist (UIM) claim despite the insurance company stipulating most of the issues in the case. Read more...

“PHYSICAL LOSS” MEANS “TANGIBLE LOSS” ACCORDING TO THE FIFTH CIRCUIT

Last week, the United States Court of Appels for the Fifth Circuit clarified that pandemic closures are not “physical losses” to businesses. Read more...

ERISA PRE-EMPTION REQUIRES A CLEAR ASSIGNMENT AND BALANCE BILLING ISN’T QUITE DEAD

Early last week, the United Stated District Court of the Southern District of Texas held that (1) the Employee Retirement Income Security Act (ERISA) did not pre-empt and (2) the Texas Legislature explicitly left some (as-yet-to-be-determined) circumstances in which balance billing is permitted. Read more...