Recent Decisions
Facility Insurance Co. v. Vista Hospital of Dallas
Court: Tx 3-Austin 12/05/2019
A hospital has prevailed in its long running dispute with numerous workers' comp insurers and self-insureds regarding what is a fair and reasonable reimbursement rate for the medical care provided to injured workers.
Brandy Ventures, LLC v. Mesa Underwriters Specialty Insurance Co.
Court: ED Tx 12/03/2019
Magistrate Judge Denies Cross Motions to Strike Expert Testimony in Commercial Property Dispute
Piney Woods ER III, LLC v. Centene Corporation
Court: ED Tx 12/02/2019
Court Denies Motion to Dismiss in Dispute Over Medical Payments
Certain Underwriters at Lloyd’s, London v. Prime Natural Resources, Inc.
Court: Tx 1-Houston 11/27/2019
Appellate Court Reverses Treble Damages and Portion of Prompt Payment Award in Oil Well Insurance Dispute
Rodriguez v. State Farm Lloyds
Court: SD Tx 11/27/2019
Court Denies Motion to Remand Based on Stipulation of Damages Filed After Removal
Rubio v. State Farm Lloyds
Court: SD Tx 11/26/2019
District Court Denies Motion to Remand, Notes Insured's Failure to File Binding Stipulation Prior to Removal
Koch v. Metropolitan Life Insurance Co.
Court: ND Tx 11/26/2019
District Court Dismisses Claim for Accidental Death Benefits
Texas Mutual Insurance Co. v. DeJaynes
Court: Tx 8-El Paso 11/25/2019
Court of Appeals Allows Insured's Attorney's Claim for Fees but Remands based on Issue of Increased Hourly Rate for Contingency
Miranda v. Texas Lloyds Allstate
Court: SD Tx 11/21/2019
Court Compels Appraisal Despite Questions Regarding Timeliness of Invocation
Allstate Fire and Casualty Insurance Co. v. Alfred
Court: Tx 9-Beaumont 11/21/2019
Appellate Court Affirms Judgment for Insured Finding Insurer Waived its Right to Offset
AXO Staff Leasing, LLC v. Zurich American Insurance Co.
Court: WD Tx 11/21/2019
District Court Grants Leave to Plaintiff to File Amended Complaint, Renders Pending Motion for Summary Judgment Moot
Texas Mutual Insurance Co. v. Kinsale Insurance Co.
Court: WD Tx 11/20/2019
District Court Grants Texas Mutual's Motion to Dismiss Following CGL Insurer's Acceptance of Defense Obligation
Kotzur v. Metropolitan Lloyds Insurance Co. of Texas
Court: WD Tx 11/19/2019
District Court Finds Claims against Adjusters Sufficient to Avoid Removal
Bexar Diversified MF-1, LLC v. General Star Indemnity Co.
Court: WD Tx 11/18/2019
Insured's Motion to Remand Denied where Insurer Properly Elected to Assume Agent's Liability
Salcetti v. AIG Property Casualty Co.
Court: SD Tx 11/15/2019
Court Denies Motion for Summary Judgment Addressing Confiscation and Surface Water Exclusions
Flores v. Allstate Texas Lloyds
Court: SD Tx 11/14/2019
Court Grants Insurer's Motion for Summary Judgment in Hail Dispute
National Union Fire Insurance Co. of Pittsburgh PA v. Lauren Engineers & Constructors, Inc.
Court: ND Tx 11/14/2019
District Court Denies Insured's Motion to Transfer Venue in Duty to Defend Dispute
John Hancock Life Insurance Co. v. Wheatley
Court: SD Tx 11/12/2019
Court Rules that Estate Beneficiaries are Entitled to Summary Judgment in Dispute over Annuity Proceeds
Silo Restaurant, Inc. v. Allied Property and Casualty Insurance Co.
Court: WD Tx 11/12/2019
Statute of Limitations Barred Extracontractual Claims but not Breach of Contract Claim
Quintero v. Allstate Vehicle and Property Insurance Co.
Court: WD Tx 11/12/2019
Magistrate Judge Recommends that Insured's Fraud-Related Claims be Dismissed for Failure to Plead Sufficient Facts
Davis v. State Farm Lloyds, Inc.
Court: Tx 5-Dallas 11/12/2019
Court of Appeals Agrees that Insured Breached Consent-to-Settle Clause in UIM Coverage but Insurer Failed to Show Actual Prejudice
Aggreko, LLC v. Chartis Specialty Insurance Co.
Court: 5th Cir 11/11/2019
Fifth Circuit Affirms District Court in Finding Primary Insurer Properly Exhausted Its Policy Limits in Exchange for a Covenant not to Execute against Its Insured
Lambert v. State Farm Lloyds
Court: Tx 2-Ft Worth 11/07/2019
Court Remands to the Trial Court to Determine if Insurer Liable for Prompt Payment Penalty Despite Timely Payment of an Appraisal Award
9520 Homestead, LLC v. Westchester Surplus Lines Insurance Co.
Court: SD Tx 11/06/2019
District Court Grants Insurer's Motion to Dismiss Insured's Bad Faith, Prompt Payment of Claims and Breach of Contract Actions
Ihekoronye v. United Property & Casualty Insurance Co.
Court: SD Tx 11/06/2019
District Court Remands Case to State Court in Light of Binding Stipulation of an Amount in Controversy Less than $75,000