Texas Insurance Law Newsbrief - September 19, 2019

September 19, 2019

FIFTH CIRCUIT CERTIFIES EXTRINSIC EVIDENCE QUESTION TO SUPREME COURT OF TEXAS

Since the Supreme Court of Texas issued its 2006 opinion in GuideOne Elite Ins. Co. v. Fielder Road Baptist Church, 197 S.W.3d 305 (Tex. 2006), in which the court coyly hinted that an exception to the eight-corners rule might exist in certain circumstances, but declined to openly endorse its existence, the question of considering extrinsic evidence in duty-to-defend cases has remained in a state of flux and uncertainty.   Read more...

“INSURER PAID TOO MUCH,” ALLEGES INSURED; FIFTH CIRCUIT DISAGREES

In two related cases, the Fifth Circuit last week affirmed a summary judgment in favor of a church’s property insurer and dismissal of all claims against the adjusting company who handled the church’s claim.  Read more...

PRIMARY INSURER HELD TO HAVE BREACHED STOWERS DUTY TO EXCESS CARRIER IN CYCLIST DEATH CASE

Last week, a bench trial of a Stowers case between a primary and excess insurer resulted in a ruling requiring the primary carrier to pay the excess carrier the difference between the primary carrier’s limit and the much larger post-judgment settlement the excess carrier was required to pay.  Read more...

HOUSTON COURT OF APPEALS REJECTS EFFORTS TO “GAME” THE APPRAISAL PROCESS, UPHOLDS ATTORNEY SANCTIONS

Last week, a Houston court of appeals upheld sanctions against a policyholder attorney after an appraisal process went off the rails.  Read more...