Hailstorms have been occurring for centuries across the globe. However, some regions of the world, particularly southern China, seem more prone to these destructive storms. High-impact weather (HIW) is defined as weather that...more
In a recent opinion, U.S. District Judge Sidney Fitzwater delivered the final blow to One Way Investments Inc. in its hail damage lawsuit against property insurer Century Surety Company — granting summary judgment in favor of...more
The United States experiences a large number of hail events, but hail can occur anywhere in the world – especially in areas near mountainous terrain. Western China and northern India experience hail quite frequently, as do...more
The first wireless radio equipment was used aboard Lightship 70 in 1899. Over the next 115 years, the use of technology in the maritime domain has driven rapid change in the United States Coast Guard’s operating environment —...more
On Dec. 26, 2015, 12 confirmed tornadoes struck the North Texas area, killing 13 people.[1] Property damage resulting from the tornadoes is currently estimated at $1.2 billion.
According to the National Oceanic and...more
The term “bad faith” is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the “special relationship” between an insured and an insurer. Breach of this...more
In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more
Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more
There will be no more fishing in Texas in unrelated claim files. The Supreme Court of Texas has summarily ended any debate as to whether discovery of an insurer’s claim files for other policyholders is permissible — it is...more
With cases of Ebola now in the U.S., concerns have been raised as to the safety of public places visited by a person infected with the virus. Despite assurances from health officials that it is nearly impossible to contract...more
Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not...more
In most insurance coverage disputes, the parties arrive at mediation fully aware of the other side’s position. An insured makes its position known when it submits the claim or during the claim adjustment, and an insurer...more
Does a party waive its right to demand appraisal if it states in open court, “We don’t like appraisal,” simultaneously opposes a motion to compel appraisal in a companion case with nearly identical facts, attempts a...more
Despite the statement by the Texas Supreme Court in State Farm Lloyds v. Johnson that the scant precedent involving disputes about the scope of appraisal suggests that appraisals generally resolve such disputes,” both...more
On March 1, 2013, Rule 91a of the Texas Rules of Civil Procedure went into effect, permitting early challenges to allegedly baseless claims. The new rule permits a party to file a motion to dismiss a cause of action on the...more