News & Analysis as of

Insurance Claims TX Supreme Court

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

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A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...more

Robinson+Cole Class Actions Insider

New Texas Supreme Court Decision Highlights Several Defense Strategies for Defeating Class Certification

A recent Texas Supreme Court decision in a class action caught my eye because it addressed several significant class certification issues, including one that I’ve seen regularly and another that the court analyzed in a new...more

Carlton Fields

Texas Supreme Court Holds $220M Settlement Agreement Is Not Binding on Insurers Without Insurer’s Consent Where Insured Faced No...

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In In re Illinois National Insurance Co., the Texas Supreme Court held that disclaiming insurers were not bound by any underlying settlement agreement, entered into without the insurers’ consent, where the claimants promised...more

Butler Weihmuller Katz Craig LLP

Texas Supreme Court Answers Certified Question in Favor of Insurer on Preclusion of Attorney’s Fees Under Texas Insurance Code...

When an insurer pays the full amount of an appraisal award plus statutory interest, the insured is precluded from recovering attorney’s fees under Chapter 542A of the Texas Insurance Code, according to a recent decision from...more

Carlton Fields

Texas Doubles Down on “Intent to Deceive” as Requirement to Void Insurance Policy

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The Texas Supreme Court reinforced common law precedent that insurers cannot avoid liability under an insurance policy based on a misrepresentation in an insurance application unless the insurer can establish that the insured...more

Rivkin Radler LLP

Insurance Update - May 2023

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Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more

Zelle  LLP

Holding an Insured to its Burden to Support its Claim: Texas’ Concurrent Causation Doctrine

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For Presentation at the 20th Annual Advanced Insurance Law Course, June 1-2, 2023, Hyatt Regency Hill Country Resort, San Antonio, Texas - No Texas insurance practitioner disputes that an insured may only recover for...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Jones Day

Policyholders Receive Needed Guidance on Use of Extrinsic Evidence in Texas When Enforcing an Insurer's Duty to Defend

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The U.S. Court of Appeals for the Fifth Circuit recently applied the newly adopted Texas Supreme Court decision outlining those circumstances in which extrinsic evidence may be used to determine an insurer's duty to defend...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

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In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

Cozen O'Connor

Major Victories for Insurers in Fifth Circuit Regarding COVID-19 Business Interruption Claims

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The Fifth Circuit Court of Appeals has joined seven other Circuits in finding no coverage for COVID-19 business interruption claims. In Terry Black’s Barbecue, L.L.C. v. State Auto. Mut. Ins. Co., 2022 U.S. App. LEXIS 287...more

Cozen O'Connor

Federal Court Holds that the Voluntary Payment of an Appraisal Award Plus Penalty Interest Defeats TPPCA Claims Under Texas Law

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In 2019, the Supreme Court of Texas issued a pair of decisions that allowed policyholders to prosecute claims under the Texas Prompt Payment of Claims Act (“TPPCA”) even after the insurers paid appraisal awards. The decisions...more

Cozen O'Connor

The Supreme Court of Texas Finds that a Reasonable Payment of an Insurance Claim Does Not Satisfy the Texas Prompt Payment of...

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In Hinojos v. State Farm Lloyds, the Supreme Court of Texas addressed liability under the Texas Prompt Payment of Claims Act (the “TPPCA”) when an insurer timely pays only part of a claim....more

Bradley Arant Boult Cummings LLP

Expansion of Premises Liability for Construction Owners

A property owner is generally liable for hazards on the property that injure others. On construction projects, this presents a significant risk for owners because there are always multiple hazards present, and the owner,...more

Rivkin Radler LLP

Insurance Update - April 2020

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In our April 2020 Insurance Update we begin with a recap of some of the COVID-19 business interruption claims filed against insurers.... There were some important decisions over the past month from state high courts....more

Gray Reed

Texas Supreme Court holds entire limits of insurance policy are available to reimburse Anadarko’s defense fees and expenses...

Gray Reed on

In another dispute over insurance coverage related to the Macondo Well blowout (a/k/a Deep Water Horizon incident),1 the Texas Supreme Court held that an endorsement reducing a policy’s limits for “liability” stemming from a...more

Gray Reed

Texas Supreme Court to Consider Macondo Blowout Insurance Dispute

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The 2012 Macondo Well blowout and Deepwater Horizon rig explosion gave rise to a slew of lawsuits. Our subject today is one of them. ...more

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