News & Analysis as of

Insurance Industry Property Damage 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

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

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In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...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

Rivkin Radler LLP

Insurance Update - March 2022

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Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more

Cozen O'Connor

Texas Supreme Court Adopts a Revised Northfield Exception to the Eight-Corners Rule

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In February, the Supreme Court of Texas issued two opinions important to Texas’s duty-to-defend analysis. First, the court settled a split among Texas appellate courts by endorsing a limited exception to the eight-corners...more

Payne & Fears

Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule

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For decades, an insurer’s duty to defend under Texas law was determined exclusively by reviewing the insurance contract and the allegations of the complaint under the “eight-corners rule.” All of this changed last week when,...more

Bradley Arant Boult Cummings LLP

Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion

One year after its initial decision in a significant bad faith case, the Texas Supreme Court has issued its much-awaited opinion in USAA Tex. Lloyds Co. v. Menchaca. The case involved a homeowner whose post-Hurricane Ike...more

White and Williams LLP

Update: Texas Supreme Court Issues New Opinion in Menchaca Bad Faith Case

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On April 13, 2018, the Texas Supreme Court issued its highly-anticipated decision on rehearing in USAA Tex. Lloyds Co. v. Menchaca, 2018 Tex. LEXIS 313 (Tex. Apr. 13, 2018). This replaced an earlier opinion dated April 7,...more

White and Williams LLP

Texas Supreme Court to Rehear Menchaca Bad Faith Case

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On December 15th, the Texas Supreme Court agreed to revisit its April 7, 2017 decision in USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, a “bad faith” case arising out of Hurricane Ike damage, in which the court held that a...more

Zelle  LLP

A Look Back at Texas Insurance Law in 2017

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2017 was a busy year for insurance practitioners, legislators and jurists. The year brought a number of long-awaited Texas Supreme Court opinions, ranging from a case of simple contract construction to a lengthy opinion...more

Carlton Fields

The Privilege Maintains Its Power: Texas Supreme Court Blocks Discovery of Insurer Attorney’s Billing Information

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When (if ever) are an insurer’s attorney’s fees and billing information discoverable in a coverage dispute? Though the question is straightforward, the answer can vary from case to case and jurisdiction to jurisdiction. The...more

Carlton Fields

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

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In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of insurance policy and...more

Zelle  LLP

Waiving the Right to Appraisal Just Got Easier in Texas

Zelle LLP on

Any Texas lawyer with even a passing interest in insurance law knows that if you want to see sparks fly, just utter the word “appraisal” near a couple of insurance lawyers. If you really want fireworks, make sure one...more

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