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Fifth Circuit Interprets Texas’s No-Direct-Action Rule As Applied To Third Party Plaintiffs With Underlying Default Judgment
October 13, 2021
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.
June 11, 2021
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.
April 6, 2021
Last March, the Texas Supreme Court issued its opinion in Richards v. State Farm Lloyds, unanimously ratifying the “Eight Corners” Rule as a settled feature of Texas law. However, the Court set the stage for future challenge to this consensus when it noted the “Eight Corners” Rule could “possibly” be “subject…to exceptions.” Which exceptions? How many exceptions? It appears we may soon find out.
The Protracted Battle over Obamacare: Supreme Court Rules in Favor of Healthcare Insurers under the Affordable Care Act
August 11, 2020
On April 27, 2020, the U.S. Supreme Court ruled in favor of four health insurance companies, recognizing their right to sue the federal government for unpaid subsidies under the Patient Protection and Affordable Care Act (ACA).
July 28, 2020
The Southern District of Texas, McAllen Division recently issued an opinion in a UIM case that precludes the recovery of extra-contractual damages absent a finding that the insured was entitled to benefits.
July 14, 2020
The Supreme Court recently issued three per curiam opinions clarifying the effect of an insurer's payment of an appraisal award.
June 23, 2020
The Court has addressed — and rejected — a language-based exception, under which an insurer’s duty to defend is determined by the claims alleged in the petition and the coverage provided in the policy documents.
June 3, 2020
The Texas Supreme Court has—for the first time—expressly adopted an exception to the eight-corners rule, to be applied in cases where the insured and a third party fraudulently collude to secure a defense.
May 12, 2020
Jeffrey Glass recently wrote about a question, certified to the Texas Supreme Court by the Fifth Circuit Court of Appeals, regarding the continuing validity of the “eight corners” rule.
April 9, 2020
Have we mentioned that 'USAA Texas Lloyds Co. v. Menchaca' has changed things? 'Lyda Swinerton' is another example.