Recent Decisions
Xome Settlement Services, LLC v. Certain Underwriters at Lloyd’s, London
Court: ED Tx 04/17/2019
District Court Denies Insureds' Motion to Remand to State Court, Finding that Insurer did not Waive the Right to Removal
Halliburton Energy Services, Inc. v. Ironshore Specialty Insurance Co.
Court: 5th Cir 04/17/2019
Fifth Circuit Reverses District Court's Ruling on Waiver of Subrogation and Arbitrability Issue in MSA, Affirms Lack of Personal Jurisdiction over Insurer
Lloyd’s Syndicate 457 v. FloaTEC, LLC
Court: 5th Cir 04/17/2019
Fifth Circuit Affirms Dimissal of Insurer's Subrogation Action, Finding Subrogation was Waived in the Policy at Issue
Riojas v. Nationwide General Insurance Co.
Court: WD Tx 04/16/2019
Remand Proper because Statute of Limitations would not Bar All Claims against Non-Diverse Defendants
2223 Lombardy Warehouse, LLC v. Mount Vernon Insurance Co.
Court: ND Tx 04/12/2019
Removal Proper and Diversity Established Where Claims against Non-Diverse Adjuster Fail as a Matter of Law
Salinas v. State Farm Lloyds
Court: Tx 13- Corpus/Edbrg 04/11/2019
Appellate Court Affirms Take Nothing Judgment in Favor of Insurer because the One Satisfaction Rule Limited the Insured's Award to Significantly Less than the Insurer's Offer of Settlement
Horton v. Allstate Vehicle and Property Insurance Co.
Court: WD Tx 04/09/2019
Amount in Controversy Satisfied by Cost of Repair Plus Treble Damages and Interest
Texas Mutual Insurance Co. v. Chicas
Court: Tx Sup 04/05/2019
Deadline for Review of Workers' Compensation Claims is Mandatory but not Jurisdictional
Burman v. State Farm Lloyds
Court: WD Tx 04/04/2019
Insured Homeowner Limited to Liability Limits of Dwelling Foundation Coverage Endorsement
Texas Mutual Insurance Co. v. Garcia
Court: Tx 8-El Paso 04/03/2019
Court Rules against Workers' Compensation Insurer in Subrogation Case
River of Life Assembly of God v. Church Mutual Insurance Co.
Court: WD Tx 04/03/2019
Proper Joinder of Agent Justifies Remand Despite Insurer's Exercise of Statutory Election of Responsibility
Oceans Healthcare, L.L.C. v. Illinois Union Insurance Co.
Court: ED Tx 03/30/2019
Court Rules that Insurer did not Owe Duty to Defend Behavior Health Provider in Qui Tam Proceeding
In re Texas Windstorm Insurance Association
Court: Tx 9-Beaumont 03/28/2019
Court of Appeals Finds an Abuse of Discretion in Trial Court's Failure to Limit Discovery in Dispute with TWIA
Waste Management, Inc. v. AIG Specialty Insurance Co.
Court: SD Tx 03/28/2019
District Court Grants Insurer's Motion for Summary Judgment on Duty to Defend arising from Criminal Indictment following Pollution Event
Pike v. Hartford Life and Accident Insurance Co.
Court: ED Tx 03/27/2019
District Court Overrules Objections to Magistrate Judge's Report and Recommendation, Awards Insured Additional Long-Term Disability Benefits
Garcia v. Liberty Mutual Insurance Co.
Court: SD Tx 03/27/2019
District Court Adopts Magistrate Judge's Recommendation in Homeowner's Coverage Dispute that Payment of Appraisal Award Satisfies Insurer's Obligations
Cazares v. Allstate Vehicle and Property Insurance Co.
Court: SD Tx 03/25/2019
District Court Strikes Plaintiffs' Experts and Grants Summary Judgment for Insurer on Extra-Contractual Claims in Homeowner's Insurance Dispute
Word of Life Church of El Paso v. State Farm Lloyds
Court: 5th Cir 03/22/2019
Fifth Circuit Reverses and Remands D&O Coverage Dispute, Finding a Duty to Defend and Indemnify
Federal Insurance Co. v. Northfield Insurance Co.
Court: SD Tx 03/21/2019
District Court Exercises its Discretion in Refusing to Enjoin Insured from Filing Additional Lawsuits against its Insurers
Fort Bend County v. Norsworthy
Court: Tx 14-Houston 03/21/2019
Court of Appeals Affirms Judgment against County in Worker's Compensation Subrogation Action
American National County Mutual Insurance Co. v. Holland
Court: Tx 12-Tyler 03/20/2019
Appellate Court Reverses and Renders Judgment for Insurer in Regard to Bad Faith UM/UIM Dispute
Mt. Hawley Insurance Co. v. Huser Construction Company, Inc.
Court: SD Tx 03/19/2019
Court Finds that Insurer did not Owe Duties of Defense or Indemnity Based on Breach of Contract Exclusion
Environmental Packaging Technologies, Ltd. v. Arch Insurance Co.
Court: SD Tx 03/19/2019
District Court Modifies Magistrate's Opinion Denying Insurer's Motion to Dismiss
Ford v. United Property & Casualty Insurance Co.
Court: SD Tx 03/18/2019
Court Abates Litigation in Favor of Pending Appraisal
AIG Specialty Insurance Co. v. ACE American Insurance Co.
Court: SD Tx 03/18/2019
Court Determines that MSA did not Limit Policy Terms Defining Additional Insured Status