The Insurance Law Section is an official, sanctioned section of the State Bar of Texas consisting of approximately 2,200 members. Membership is open to all members of the State Bar of Texas.
The Insurance Law Section serves to promote the understanding and development of Texas insurance law by providing high quality educational resources to the bench, bar, and public and by promoting collegiality among those with an interest in insurance law.
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The Insurance Law Section is governed by a Council elected from the Section membership at the Section’s annual meeting. Section officers are elected from and by the Council
News
Order the Recording of the July 17th Webinar on Insurance Appraisal
Miss the live event? Order the recording of the webinar: "The Supreme Court Weighs In: Insurance Appraisal in Texas after Ortiz and Barbara Technologies"
Order the Course Materials from the “How to Try an Insurance Coverage Case” Seminar
If you missed the March 29 seminar, you can still order the audio CDs and course materials.
Events
Articles
Amended Statutes Governing Court Reporters May Affect You and Your Clients
The Texas Court Reporters Association initiated Senate Bill 891, Article 7, becomes effective September 1, 2019. The changes may affect how you do business with court reporters.
Case Note: Barbara Technologies Corp. v. State Farm Lloyds
Payment of an appraisal award on a denied claim does not affect a carrier's potential liability for prompt pay damages under Texas Insurance Code § 542.060.
Recent Decisions
State Farm Mutual Automobile Association v. Cook
Court: Tx 4-San Antonio 09/18/2019
The court has held that a UM/UIM insurer may be in bad faith if it refuses to pay benefits until after its insured obtains a judgment against the other driver, even though the insurer's duty to pay does not arise until the insured obtains a judgment, if it is reasonably clear that the insurer will ultimately owe the payment.
AXO Staff Leasing, LLC v. Zurich American Insurance Co.
Court: WD Tx 09/16/2019
A Magistrate of the Western District of Texas granted Insurer's motion to abate lawsuit under a Staffing Industry Crime Coverage Policy concerning coverage for an embezzlement incident by former employee of insured staffing company, where insured refused to provide documents necessary for insurer to conduct investigation of claim and failed to present company representative for an examination under oath, and further granted motion to compel production of the pertinent documents and to present representative for an examination under oath as required by the policy.
American Guarantee and Liability Insurance Co. v. ACE American Insurance Co.
Court: SD Tx 09/11/2019
District Court Enters Findings of Fact and Conclusions of Law In Stowers Dispute Involving Excess Verdict in Wrongful Death Action
Etienne v. State Farm Lloyds
Court: Tx 14-Houston 09/10/2019
Appellate Court Overrules Challenge to Trial Court Appointment of Appraisal Umpire and Finds it Lacked Jurisdiction to Review Sanction of Insured's Attorney
Phan VM Holdings, LLC v. Evanston Insurance Co.
Court: SD Tx 09/10/2019
Court Grants Insured's Motion to Remand Based on Binding Stipulation of Damages
University Baptist Church of Fort Worth v. York Risk Services Group Inc.
Court: 5th Cir 09/10/2019
Fifth Circuit Affirms Dismissal of Insured's Claims against Third-Party Claims Administrator for Failure to State a Claim upon which Relief Could be Granted
University Baptist Church of Fort Worth v. Lexington Insurance Co.
Court: 5th Cir 09/10/2019
Fifth Circuit Affirms Judgment for Insurer in Dispute with Church over Code Upgrade Coverage and Claims Handling
Judson Post 2059 v. Philadelphia Indemnity Insurance Co.
Court: WD Tx 09/09/2019
District Court Denies Motion for Sanctions agasint Insurer's Counsel but Grants Insured's Motion to Compel Appraisal and Abate Case
State Farm Lloyds v. Richards
Court: 5th Cir 09/09/2019
Fifth Circuit Certifies Question to Supreme Court of Texas Regarding Exception to "Eight Corners" Rule Pertaining to Duty to Defend
Arizpe v. Principal Life Insurance Co.
Court: ND Tx 09/06/2019
Insurer Not Entitled to Recover Attorney's Fees for Allegedly Groundless Insurance Code Claims
