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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

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

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

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

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"

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

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