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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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Why Personal Injury Attorneys, Both Plaintiff And Defense, Should Read The U.C.C.

by Judith Ann Kostura On May 16, 2014, the Texas Supreme Court issued its opinion in McAllen Hosps., LP v. State Farm County Mut. Ins. Co., (Tex. 2014) No. 12-0983. The Court held that a release given to a liability insurer by an…

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Patterson – Where No Court Interpreting Stowers Has Gone Before

by Jes Alexander Stowers has been around since 1929 during the days when the Commission of Appeals of Texas existed. Over the course of time, the Supreme Court of Texas has further defined the parameters of the Stowers duty: the…

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Casenote: Central States v. Health Special Risk, Inc.

by Judith Ann Kostura Central States v Health Special Risk 5th Circuit, June 22, 2014 Central States, an ERISA plan, sued some non-ERISA plans alleging that the non-ERISA plans were primary, as defined by the Central States' ERISA plan's Coordination…

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