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Zelle LLP

Chapter 542 Interest and Tolling During Periods of Delay Caused by the Policyholder

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The Texas Prompt Payment of Claims Act (“TPPCA”), codified in Chapter 542 of the Texas Insurance Code, contains deadlines relating to payment of claims. The TPPCA allows for an insured to recover actual damages, penalty...more

Cozen O'Connor

Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered

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The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian...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

Zelle LLP

The End of the Voluntary-Involuntary Rule

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Since the adoption of Chapter 542A of the Texas Insurance Code, Texas courts have been grappling with insurers’ election of responsibility of their agents—specifically how to treat such agents for diversity jurisdiction...more

Pillsbury Winthrop Shaw Pittman LLP

Texas Winter Storms: Evaluating Business Interruption Claims Following a Large-Scale Disaster

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Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance coverage. ...more

K&L Gates LLP

Severe Winter Storm In Texas: Insurance Coverage Considerations

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The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state...more

Locke Lord LLP

Texas Department of Insurance Announces New Legislative Priorities

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The Texas Department of Insurance (“TDI”) has released its 2018 Biennial Report to the 86th Texas Legislature. Every two years and pursuant to Texas Insurance Code section 32.022, TDI releases a report on insurance areas...more

Locke Lord LLP

Texas Department of Insurance Warns Against Improper Underwriting After Hurricane Harvey

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The Texas Department of Insurance (TDI) has cautioned insurers against improper underwriting activities in the wake of Hurricane Harvey. Specifically, TDI issued Commissioner’s Bulletin # B-0032017 on September 21, 2017,...more

Cozen O'Connor

Texas Court Addresses What Constitutes an “Itemized” Appraisal Decision

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On Tuesday of this week, a unanimous panel of Texas’ intermediate level appellate court rejected arguments that an appraisal award that set forth lump sum replacement cost, depreciation, and actual cash value amounts for real...more

Zelle LLP

In Texas, Waiving Right To Appraisal Takes Prejudice

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Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the...more

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