Recent Decisions
State Farm Mutual Automobile Association v. Cook
Court: Tx 4-San Antonio 09/18/2019
The court has held that a UM/UIM insurer may be in bad faith if it refuses to pay benefits until after its insured obtains a judgment against the other driver, even though the insurer's duty to pay does not arise until the insured obtains a judgment, if it is reasonably clear that the insurer will ultimately owe the payment.
American Guarantee and Liability Insurance Co. v. ACE American Insurance Co.
Court: SD Tx 09/11/2019
District Court Enters Findings of Fact and Conclusions of Law In Stowers Dispute Involving Excess Verdict in Wrongful Death Action
Etienne v. State Farm Lloyds
Court: Tx 14-Houston 09/10/2019
Appellate Court Overrules Challenge to Trial Court Appointment of Appraisal Umpire and Finds it Lacked Jurisdiction to Review Sanction of Insured's Attorney
Phan VM Holdings, LLC v. Evanston Insurance Co.
Court: SD Tx 09/10/2019
Court Grants Insured's Motion to Remand Based on Binding Stipulation of Damages
University Baptist Church of Fort Worth v. York Risk Services Group Inc.
Court: 5th Cir 09/10/2019
Fifth Circuit Affirms Dismissal of Insured's Claims against Third-Party Claims Administrator for Failure to State a Claim upon which Relief Could be Granted
University Baptist Church of Fort Worth v. Lexington Insurance Co.
Court: 5th Cir 09/10/2019
Fifth Circuit Affirms Judgment for Insurer in Dispute with Church over Code Upgrade Coverage and Claims Handling
Judson Post 2059 v. Philadelphia Indemnity Insurance Co.
Court: WD Tx 09/09/2019
District Court Denies Motion for Sanctions agasint Insurer's Counsel but Grants Insured's Motion to Compel Appraisal and Abate Case
State Farm Lloyds v. Richards
Court: 5th Cir 09/09/2019
Fifth Circuit Certifies Question to Supreme Court of Texas Regarding Exception to "Eight Corners" Rule Pertaining to Duty to Defend
Arizpe v. Principal Life Insurance Co.
Court: ND Tx 09/06/2019
Insurer Not Entitled to Recover Attorney's Fees for Allegedly Groundless Insurance Code Claims
Lefcourt v. The Health Enrollment Group, Inc.
Court: ND Tx 09/05/2019
Claims Against Health Insurance Broker Survive Motion to Dismiss
Taboada v. State Farm Lloyds
Court: SD Tx 09/05/2019
District Court Ends Abatement of Case and Dismisses Insureds' Extra-Contractual Claims in Property Damage Dispute
Royal Hospitality Corp. v. Underwriters at Lloyd’s
Court: SD Tx 09/05/2019
District Court Affirms Magistrate's Summary Judgment Ruling Involving Excess Insurers
Aetna Life Insurance Co. v. Behar
Court: SD Tx 09/04/2019
District Court Affirms Magistrate Decision to Lift Stay and Proceed with Certain Claims in Medical Billing Dispute
Malone v. Blue Cross and Blue Shield of Texas, Inc.
Court: ND Tx 09/03/2019
Motion to Remand Granted Where Possibility of Recovery Against Agent Existed
Shin v. Allstate Texas Lloyds
Court: SD Tx 09/03/2019
Court Applies Barbara Technologies and Holds That Insurer Did Not Owe Prompt Payment Penalties
In re Landmark American Insurance Co.
Court: Tx 7-Amarillo 09/03/2019
Appellate Court Conditionally Grants Writ of Mandamus in Discovery Dispute on Late Notice Issue
Sternberg v. Metlife Insurance Co.
Court: SD Tx 08/30/2019
Court Dismisses Insured's Claims Based on Contractual Limitations Period in ERISA policy
La Mirage Homeowners Association, Inc. v. Wright National Flood Insurance Co.
Court: SD Tx 08/29/2019
Court Dismisses Insured's State Law Claims against Flood Insurer Due to Federal Preemption, LEaving Breach of Contract as Only Surviving Claim
Lloyd’s Syndicate 457 v. FloaTEC, LLC
Court: SD Tx 08/29/2019
Court Denies Insurer's Motion to Alter or Amend Summary Judgment Ruling
Steen v. Texas Mutual Insurance Co.
Court: Tx 7-Amarillo 08/29/2019
Workers' Comp Insurer Prevails in Course and Scope Dispute
Federal Insurance Company v. Northfield Insurance Co.
Court: SD Tx 08/29/2019
Southern District Allows Co-Insurer's Contribution Claims for Defense Costs to Proceed Despite Expiration of Statute of Limitations for Insured's Claims against the Co-Insurers
United Property and Casualty Insurance Co. v. Davis
Court: SD Tx 08/28/2019
Court Grants Most of Insurer's Motion for Judgment on Pleadings in Homeowner's Liability Dispute but Denies it on Duty to Defend Issue
Duhaly v. The Cincinnati Insurance Co.
Court: SD Tx 08/27/2019
Court Dismisses Breach of Contract by Injured Employee in UIM Case because of Lack of Subject Matter Jurisdiction Due to Lack of Ripeness
StarNet Insurance Co. v. RiceTec, Inc.
Court: Tx 1-Houston 08/27/2019
Insurer Prevails in Dispute Regarding Effect of Agricultural Chemicals Endorsement
AmGuard Insurance Co. v. Lone Star Legal Aid
Court: SD Tx 08/27/2019
District Court Holds that Mortgageholder did not have Standing to Sue on a Commerical Property Policy where Indebtedness had been Retired