Texas Insurance Law Newsbrief - November 5, 2018

November 5, 2018

PUBLIC ADJUSTER ONLY ENTITLED TO RECOVER COMMISSION ON SUPPLEMENTAL PAYMENTS, NOT GROSS PAYMENT

In a decision that is of interest to all carriers who handle claims with public adjusters involved, the Fort Worth Court of Appeals recently examined a dispute between an insured and his public adjuster (PA) over how much the PA was entitled to be paid.  Read more...

FEDERAL DISTRICT COURTS DIVERGE ON CORRECT WAY TO DISMISS AN ADJUSTER UNDER NEW INSURANCE CODE 542A

Texas Insurance Code § 542A.006, enacted September 1, 2017, allows an insurer to accept liability for the acts of its adjusters and achieve early dismissal of adjuster defendants, theoretically making it easier to remove lawsuits against insurers to federal court.  Read more...

HOUSTON FEDERAL COURT REMANDS HARVEY CASE SUA SPONTE

In another recent improper joinder case, a Houston federal district court found plausible claims for relief alleged against the adjuster, and remanded the case.  Read more...