Texas Insurance Law Newsbrief - December 4, 2018

December 4, 2018

FIFTH CIRCUIT ANNOUNCES “APPROPRIATE” RULE IN DETERMINING THE NUMBER OF “ACCIDENTS” UNDER INSURANCE POLICY - HOLDS THREE COLLISIONS CAUSED BY A RUNAWAY MACK TRUCK CONSTITUTED A SINGLE “ACCIDENT”

            In a recent dispute between a primary liability insurer and an excess liability insurer over the number of “accidents” that occurred under the primary insurance policy, the Fifth Circuit Court of Appeals held that three collisions caused by a runaway Mack truck constituted a single “accident.”  Read more...

TEXAS APPELLATE COURT ADDRESSES CONCLUSORY EXPERT REPORTS AND SEGREGATION OF STORM DAMAGES IN AFFIRMING INSURER/ADJUSTER SUMMARY JUDGMENT

Recently, the Texas Court of Appeals in Fort Worth addressed the topics of conclusory expert reports and segregation of damages in evaluating a first-party insurance action in Richard Seim and Linda Seim v. Allstate Texas Lloyds and Lisa Scott, No. 02-16-00050-CV, 2018 WL 5832106 (Tex. App.—Fort Worth, Nov. 8, 2018).  Read more...

TEXAS COURT OF APPEALS CONCLUDES THAT INSURER WAIVED RIGHT TO ENFORCE ANTI-ASSIGNMENT CLAUSE

            Last week, the Court of Appeals of Texas, Houston Division, concluded that Safeco Insurance Company waived its right to enforce policy’s anti-assignment clause. Read more...