News & Analysis as of

Extra-Contractual Fraud Claims

Butler Weihmuller Katz Craig LLP

Can a Post-Suit Civil Remedy Notice Trigger Removal to Federal Court?

Can an insured’s post-suit Civil Remedy Notice demanding over $75,000 satisfy the amount-in-controversy diversity jurisdiction requirement and trigger the thirty-day removal period for an insurer? It depends....more

Butler Weihmuller Katz Craig LLP

Butler's Thursday Tips #3 | Organization Matters

Attorney Shaheen Nouri offers some tips on staying on top of cases for First-Party Coverage and Extra-Contractual matters. Stay tuned to find out more helpful tips! #ButlerLegal #COVID19 #ThursdayTips #ThursdayThoughts...more

Cozen O'Connor

Texas Court Follows Through on Barbara Technologies and Ortiz with Three Important New Decisions

Cozen O'Connor on

When the Texas Supreme Court issued its opinions in Barbara Techs. Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex. 2019), a badly fractured court overturned prior...more

Patterson Belknap Webb & Tyler LLP

Fifth Circuit Considers Nonconsensual Third-Party Releases Outside of Bankruptcy

We’ve focused a lot on third-party releases lately, as bankruptcy courts across the country continue to evaluate whether and under what circumstances they are permissible. But, as a recent opinion of the United States Court...more

Zelle  LLP

Menchaca Continues to Preclude Post-Appraisal Liability

Zelle LLP on

In USAA Texas Lloyds Company v. Menchaca, the Texas Supreme Court provided five distinct rules regarding the relationship between claims for an insurance policy breach and Texas Insurance Code violations. Shortly after the...more

Zelle  LLP

So Far, So Right — Menchaca Has Not Changed Appraisal Law

Zelle LLP on

Ten months ago, the Supreme Court of Texas issued an opinion which was predicted by some to change the course of Texas precedent regarding extracontractual liability after timely payment of an appraisal award. Eight months...more

Zelle  LLP

Why Menchaca Changes Nothing for Appraisal Law

Zelle LLP on

On April 7, 2017, the Supreme Court of Texas issued an opinion that some argue changed the landscape of Texas law regarding extracontractual liability in first-party insurance cases. In USAA Texas Lloyds Co. v. Menchaca, the...more

Hogan Lovells

Preserving or Eliminating Fraud Claims in M&A Transactions (Update)

Hogan Lovells on

In this April 2016 post, we addressed preserving or eliminating extra-contractual fraud claims in M&A transactions. In this follow-up, we discuss a recent Delaware Chancery Court decision that further clarifies the framework...more

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