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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

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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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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