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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

Clarity from ‘Menchaca’ on Extracontractual Damages for Insureds Entitled to Policy Benefits

Have we mentioned that 'USAA Texas Lloyds Co. v. Menchaca' has changed things? 'Lyda Swinerton' is another example.
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Texas Supreme Court to Review Judge McBryde’s Exception to the Eight-Corners Rule

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.
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New Texas Statutes Enforce Payment of Deductibles by Homeowners

Homeowners insurance policyholders and construction contractors should be aware of new law affecting payment of deductibles in Texas.
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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.
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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.
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Great Opportunities in the Face of Impending Regulations

The explosion of “Big Data” is revolutionizing our society and providing new opportunities for insurers and consumers.
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Fifth Circuit Departs from Precedent to Follow ‘Menchaca’

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.
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Trial Practice: The Menchaca Jury Charge for Statutory Bad Faith

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).
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The Henley v. Love Lesson: Where Experts Must Tread

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

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