The Insurance Law Section is an official, sanctioned section of the State Bar of Texas consisting of approximately 2,300 members. Membership is open to all members of the State Bar of Texas.
Our Mission: Promoting collegiality and educating the bench, bar, and public about Texas 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
Don’t Miss the Insurance Law Webinar – Landmark COVID Business Interruption Cases
Register for the 12/14/22 webinar to get the latest details on landmark COVID business interruption cases.
Announcing the Fall 2022 Texas Law Student Writing Competition
The competition is an annual state-wide competition, open to written submissions of insurance-related articles authored by law students in good standing from any of the ten accredited law schools in Texas.
Call for applications to join Insurance Law Section Council’s Young Lawyer Subcommittee
The Section is accepting applications from young members of the Section who are interested in serving on the Young Lawyer Subcommittee for a two-year term.
Articles
Fifth Circuit Interprets Texas’s No-Direct-Action Rule As Applied To Third Party Plaintiffs With Underlying Default Judgment
It is well-settled Texas law that plaintiffs are prevented from directly suing a defendant’s insurer unless and until a final judgment or settlement has resolved the litigation at issue. A related line of cases sets out when a third party (not the insured) can bind a non-participating insurer to an underlying judgment or settlement.
Case Note: In Re Farmers Texas County Mutual Insurance Company
Texas law has long disfavored the now uncommon practice of liability insurers “soliciting a contribution to a settlement from its insured without first committing its own policy limits.” The Supreme Court of Texas was recently faced with such a situation.
Recent Decisions
Balderas v. Houston Foam Plastics, Inc.
Court: Tx 1-Houston 11/29/2022
Appellate Court Affirms Judgment for Workers' Compensation Subscriber in Dual-Employment Case
Smith v. Elephant Insurance Services, LLC
Court: Tx 14-Houston 11/29/2022
Appellate Court Affirms Take-Nothing Judgment in UIM Dispute
Dawson v. Accordia Life and Annuity Co.
Court: Tx 8-El Paso 11/28/2022
Designation as Beneficiary Under Life Insurance Policy Insufficient to Establish Personal Jurisdiction
Homeland Insurance Co. of New York v. Clinical Pathology Laboratories, Inc.
Court: WD Tx 11/28/2022
Magistrate Finds Insured's Communications With Insurance Broker Are Privileged
Colony Insurance Co v. First Mercury Insurance Co.
Court: SD Tx 11/22/2022
District Court Adopts Magistrate Recommendation Ruling in Allocation Dispute
Switzer v. State Farm Lloyds
Court: WD Tx 11/22/2022
Bona Fide Coverage Dispute Precludes Extracontractual Claims
Ace Property & Casualty Insurance Co. v. Ladd
Court: Tx 10-Waco 11/22/2022
Insured Not Entitled to Summary Judgment on Issues Not Presented During Workers Compensation Administrative Proceedings
Ohio Casualty Insurance Co. v. Patterson-UTI Energy, Inc.
Court: Tx 14-Houston 11/22/2022
Appellate Court Holds Excess Carrier With No Duty to Defend Owes Reimbursement for Defense Costs
Progressive County Mutual Insurance Co. v. Keechi Transport, LLC
Court: ND Tx 11/21/2022
Court Lacks Personal Jurisdiction in Insurer's Suit for Declaratory Relief and Sua Sponte Transfers Venue
Abraham v. Blue Cross And Blue Shield Of Texas
Court: WD Tx 11/15/2022
Magistrate Recommends Denial of Remand and Dismissal of Suit Preempted Under ERISA
