Recent Decisions
Lackey v. Dement
Court: WD Tx 07/18/2019
Magistrate Judge Grants Hospital's Motion to Quash Discovery Seeking Reimbursement Rates with Insurers in Personal Injury Case
Redrick v. State Farm Lloyds
Court: Tx 5-Dallas 07/18/2019
Appellate Court Finds that Insured Failed to Preserve Error in Trial Court Regarding Conflicting Jury Answers, Leaving the Court only the Ability to Affirm the Judgment
Abascal v. United Property & Casualty Insurance Co.
Court: SD Tx 07/18/2019
District Court Denies Motion to Remand for Failure to Stipulate with Legal Certainty Damages Below the Jurisdictional Amount
Old American County Mutual Fire Insurance Co. v. Villegas
Court: Tx 1-Houston 07/16/2019
Appellate Court Vacates Trial Court Judgment and Remands Proceeding because Default Judgment was Interlocutory and Subsequent Turnover Order was Void
Phillips v. American Bankers Insurance Co. of Florida
Court: Tx 1-Houston 07/16/2019
Appellate Court Agrees that Court had Plenary Power to Hear Post-Judgment Motion but Abused its Discretion in Awarding Sanctions for Insured's Failure to Attend an EUO after Case Dismissal
Liberty Surplus Insurance Corp. v. Century Surety Co.
Court: SD Tx 07/12/2019
District Court Finds Insurer is not Liable for Costs to Replace Defective Roof and Stucco but is Liable for Damaged Ceiling Tiles Despite No Specific Cost Allocation in Arbitration Award
Yarco Trading Co. v. United Fire & Casualty Co.
Court: SD Tx 07/11/2019
District Court Remands Case to State Court Despite Insurer's Post-Suit Acceptance of Liability Pursuant to Chapter 542A
Transamerica Life Insurance Co. v. Helmer
Court: Tx 5-Dallas 07/11/2019
Appellate Court Refuses to Decide Res Judicata Issue Pertaining to Pending California Case Bearing on a Prior Class Action Settlement
Lloyd’s Syndicate 457 v. FloaTEC, LLC
Court: SD Tx 07/09/2019
District Court Grants Summary Judgment and Dismisses Negligence Claims Brought by Insurer Against Additional Insured
Rush v. Ace American Insurance Co.
Court: Tx 1-Houston 07/09/2019
Court of Appeals Affirms Directed Verdict for Insurer in Workers' Compensation Dispute
Arizpe v. Principal Life Insurance Co.
Court: ND Tx 07/09/2019
District Court Holds that None of Insured's or Insured's Wife's Claims Under Disability Income Policy Survive Summary Judgment in Disability Income Policy Dispute
Ross v. Hartford Lloyds Insurance Co.
Court: ND Tx 07/04/2019
District Court Grants Insurer's Summary Judgment on Exterior Damages but Finds a Genuine Issue of Material Fact Regarding the Value of Interior Damage Following a Windstorm
Shin v. Allstate Texas Lloyds
Court: SD Tx 07/03/2019
Court Finds that Insurer's Timely Payment of Appraisal Award Precluded All Contractual and Extra-Contractual Causes of Action
Texas Mutual Insurance Co. v. Hofer Builders, Inc.
Court: Tx 3-Austin 07/03/2019
Appellate Court Finds Jurisdiction Exists over Workers' Compensation Dispute but Holds that Insurer Failed to Establish Entitlement to Summary Judgment on Issue of Hiring and Recruitment of Employee in Texas
Roberson v. Allstate Vehicle and Property Insurance Co.
Court: SD Tx 07/02/2019
Court Dismisses Insured's Claims as Time Barred and for Failing to Meet Standards for Fraud Claims
Frederking v. Cincinnati Insurance Co.
Court: 5th Cir 07/02/2019
Fifth Circuit Rejects Insurer's Contention that Intentional Act of Drinking Renders Drunk Driving Collision not an "Accident"
Green v. Allstate Fire and Casualty Insurance Co.
Court: WD Tx 07/01/2019
Breach of Contract Claim Under UIM Policy Survives Motion to Dismiss but Extra-contractual Claims are Abated
Barbara Technologies Corp. v. State Farm Lloyds
Court: Tx Sup 06/28/2019
Divided Supreme Court Remands TPPCA Claim Following Payment of Appraisal Award
Ortiz v. State Farm Lloyds
Court: Tx Sup 06/28/2019
Supreme Court Confirms that Payment of an Appraisal Award Bars the Insured's Breach of Contract and Bad Faith Claims but Remands TPPCA Claim
Price v. Life Ins. Co. of North America
Court: SD Tx 06/28/2019
Court Partially Dismisses ERISA's Claims for Failure to State a Claim for Relief
Colonial Life and Accident Ins. Co. v. Wade
Court: SD Tx 06/28/2019
Court Finds That Life Insurance Proceeds of Intestate Decedent Should be Distributed to Estate's Administrator
In re Farmers Texas County Mutual Insurance Co.
Court: Tx 4-San Antonio 06/26/2019
Appellate Court Rules on Mandamus that a Valid Stowers Claim May Not Require an Excess Judgment in a Matter of First Impression
USAA Texas Lloyd’s Co. v. Griffith
Court: Tx 13- Corpus/Edbrg 06/26/2019
Appellate Court Affirms Bad Faith Judgment against Insurer in Hail Damage Coverage Dispute
United Fire & Casualty Co. v. Gossetts, Inc.
Court: Tx 7-Amarillo 06/21/2019
Appellate Court Overturns Appraisal Award Based on Mistake
McAdams v. Palomar Specialty Insurance Co.
Court: SD Tx 06/20/2019
District Court Affirms Magistrate's Denial of Remand Based on Insurer's Election of Responsibility Under Chapter 542A