Articles – Page 2 – Insurance Law Section of the State Bar of Texas

The Insurance Law Section invites you to get published!

The Section allows members to publish shorter articles (typically 500–750 words with no footnotes required) about a variety of insurance law issues:

summarize a new court opinion;
offer a practice tip;
explore a new statute or proposed legislation;
highlight an industry issue;
provide insight into a niche topic; or
anything of interest to Section members!

Please email Blair Dancy for more information!

*Publication is not an express or implied endorsement of content on the part of the Insurance Law Section. The Section reserves full discretion to accept or reject articles as it sees fit.

Article Archives

Texas Supreme Court to Review Judge McBryde’s Exception to the Eight-Corners Rule

October 15, 2019

The Fifth Circuit Court of Appeals recently certified to the Texas Supreme Court, and the latter accepted, a question that could end up undermining the "eight corners" rule.

New Texas Statutes Enforce Payment of Deductibles by Homeowners

September 24, 2019

Homeowners insurance policyholders and construction contractors should be aware of new law affecting payment of deductibles in Texas.

Amended Statutes Governing Court Reporters May Affect You and Your Clients

August 26, 2019

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

July 17, 2019

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.

Great Opportunities in the Face of Impending Regulations

July 1, 2019

The explosion of “Big Data” is revolutionizing our society and providing new opportunities for insurers and consumers.

Fifth Circuit Departs from Precedent to Follow ‘Menchaca’

March 12, 2019

The Fifth Circuit recently acknowledged its precedent had mistakenly established “the opposite rule from that [set forth] in Vail” for the recovery of extra-contractual damages.

Trial Practice: The Menchaca Jury Charge for Statutory Bad Faith

January 18, 2019

In Wall v. State Farm Lloyds, the First Court of Appeals addresses jury charge practice under USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479 (Tex. 2018).

The Henley v. Love Lesson: Where Experts Must Tread

June 9, 2017

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?

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

March 16, 2017

Insurers frequently issue checks to multiple payees – usually to some combination of the insured, adjuster / third-party administrator, mortgagee or lienholder, and attorneys.

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

July 26, 2016

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…

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

June 7, 2016

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…

Stowers After Patterson: Same As It Ever Was?

April 18, 2016

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…