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The Henley v. Love Lesson: Where Experts Must Tread

by Blair Dancy In addition to the complexities inherent in coverage law, coverage litigation brings its own set of challenges. One recurring question: When does a coverage case require an expert opinion? See, e.g., Don's Bldg. Supply, Inc. v. OneBeacon Ins.…

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To Protect Itself, Insurer Must Consider Agency Principles Before Issuing Payment to Joint Payees

by Eric Scott Peabody Insurers frequently issue checks to multiple payees – usually to some combination of the insured, adjuster/third-party administrator, mortgagee or lienholder, and attorneys.  Carriers had long considered themselves protected when issuing payment to joint payees by simply…

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Texas Supreme Court Denies Rehearing in U.S. Metals v. Liberty Mutual

by Robert Witmeyer >On June 17, 2016, the Texas Supreme Court denied the parties’ motions for rehearing in U.S. Metals v. Liberty Mutual, No. 14-0753, 2015 WL 7792557 (Tex. Dec. 4, 2015).  The Court’s opinion represents the current law in…

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A Year in the Life of the Eight-Corners Rule: Recent Developments in the Duty to Defend

by Tamara Bruno A Year in the Life of the Eight-Corners Rule: Recent Developments in the Duty to Defend One of the most well-known, frequently cited, and seemingly fixed legal principles in Texas insurance case law is, of course, the…

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Stowers After Patterson: Same As It Ever Was?

by Matthew Steven Paradowski In April 2015 an opinion issued by the First District Court of Appeals in Houston caught the rapt attention of liability insurers and insurance law practitioners in the State of Texas, as it appeared to fundamentally…

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Fifth Circuit Rules That Insured May Not Rely on Conclusory Expert Affidavit to Survive Summary Judgment

by Tae Andrews A recent Fifth Circuit decision has reaffirmed that an insured cannot withstand an insurer’s motion for summary judgment by presenting only an expert’s conclusory affidavit as evidence. In Stagliano v. Cincinnati Insurance Co., No. 15-10137 slip op.…

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No Public Policy Against Insurer Funding Settlements of Claims Seeking Disgorgement

by Nancy Randolph Kornegay Casenote: Burks v. XL Specialty Insurance Co 2015 WL 6949610, —S.W.3d—(Tex. App.—Houston [14th Dist.], Nov. 10, 2015). There are not a lot of Texas appellate-court decisions on D&O coverage issues. This very recent decision could end up…

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Fifth Circuit Certifies Vail Actual Damages Issue to Texas Supreme Court

by Linda M. Dedman Casenote: Cameron International Corporation v. Liberty Insurance Underwriters Co-author: Floyd Clardy, III The Fifth Circuit has acknowleged that it may have erred in denying claims under the Texas Insurance Code when there is evidence that an insurer failed…

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Lynd Decision Upholds Longstanding Canons of Policy Construction Favoring Insureds

by Tae Andrews Casenote: RSUI Indem. Co. v. Lynd Co (Tex. May 8, 2015). A recent Supreme Court of Texas decision reemphasized well-established rules of insurance policy interpretation that benefit policyholders. In 2005, the Lynd Company purchased two layers of insurance to…

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The Implications of the Deepwater Horizon Decision

by Veronica Martinsen Bates In a case worth hundreds of millions of dollars, the Texas Supreme Court definitively ruled that coverage to an additional insured, when acquired by contract, is limited not only by the policy terms but also by…

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When is a Breach Not a Breach?

by Tarron L. Gartner Greene v. Farmers Ins. Exch. and the SCOT’s Continuing Debate over the Material Breach Rule Co-author: Whitney Warren Last summer, the Texas Supreme Court’s decision in Greene v. Farmers Ins. Exchange, probably left most of us scratching our…

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Casenote: Farmers Group Ins., Inc. v. Poteet

by Shannon Elizabeth Loyd Farmers Group Ins., Inc.  v. Poteet This is an appeal from a jury verdict in January 2011 ultimately arising from a claim in November 2002 for the discharge of black smoke and soot from an HVAC…

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