Recent Decisions
Southwest Marine and General Insurance Co. v. National Credit Union Administration Board
Court: WD Tx 08/20/2019
Citing Failure to Comply with Statutory Deadlines Associated with Liquidation of Credit Union, District Court Lacked Jurisdiction over Insurer's Claim for Rescission but had Jurisdiction over Its Affirmative Defenses
Trevino v. Allstate Vehicle and Property Insurance Co.
Court: SD Tx 08/19/2019
Court Dismisses Insured's Misrepresentation Claims and Abates Case in Favor of Appraisal
Prophet Equity LP v. Twin City Fire Insurance Co.
Court: Tx 5-Dallas 08/19/2019
Court of Appeals Reverses Judgment for Insurer in Wrongful Employment Practices Dispute, Rendering $4M+ Judgment for Insured
GEICO Choice Insurance Co. v. Stern
Court: Tx 1-Houston 08/15/2019
Insurer Prevails in Suit over Attorney's Lien arising from Personal Injury Case
Napodano v. Ericsson Inc. Short Term Disability Plan
Court: ED Tx 08/15/2019
District Court Grants Summary Judgment for Disability Plan Insurer
Hunter v. Baylor Health Care System
Court: ND Tx 08/14/2019
District Court Finds that a Hospital was not an "Insurer" for Purposes of Determining whether a Discretionary Clause in an Occupational Injury Benefit Plan was Banned
Capstone Associated Services, Ltd. v. Organizational Strategies, Inc.
Court: SD Tx 08/14/2019
District Court Grants Motion for Partial Summary Judgment in Dispute Involving Creation of Captive Insurance Company
Vanderbol v. State Farm Mutual Automobile Insurance Co.
Court: ED Tx 08/13/2019
District Court Affirms Magistrate's Denial of Insurer's Motion to Declare Plaintiff a Vexatious Litigant
Park Board, Ltd. v. State Farm Automobile Insurance Co.
Court: SD Tx 08/12/2019
Court Applies Ortiz in Denying Insurer's Motion to Dismiss Following Payment of Appraisal Award
Grigson v. Farmers Group, Inc.
Court: WD Tx 08/12/2019
Magistrate Judge Issues Split Decision in Discovery Dispute Pertaining to Class Certification arising from Alleged Discrimination in Premium Setting on Personal Auto Policies
Employers Mutual Casualty Co. v. Amerisure Insurance Co.
Court: ED Tx 08/07/2019
District Court Rules that Contractual Indemnity Provision was not Triggered in Bodily Injury Case, so Insurers Owed a Shared Defense to the General Contractor
Flores v. Allstate Texas Lloyds
Court: SD Tx 08/06/2019
District Court Denies Insurer's Motion for Summary Judgment Due to Improperly Pled Limitations Defense
Generation Trade, Inc. v. Ohio Security Insurance Co.
Court: ND Tx 08/06/2019
District Court Grants Motion to Reconsider Summary Judgment on Question of Allocation
Moore v. Federal Emergency Management Agency
Court: SD Tx 08/06/2019
District Court Dismisses Flood Insurance Dispute because of Insured's Failure to Effectuate Proper Service and Failure to Name the Proper Defendant
Ears & Hearing, P.A. v. Blue Cross and Blue Shield of Texas
Court: WD Tx 08/05/2019
Magistrate Judge Issues Split Recommendation on Motion to Dismiss Service Provider's Lawsuit against Health Insurer
ADI Worldlink, LLC v. RSUI Indemnity Co.
Court: 5th Cir 08/02/2019
Fifth Circuit Affirms Coverage Denial of Related Claims under a D&O Policy because the First Claim was not Timely Noticed
Liberty Insurance Underwriters Inc. v. First Mercury Insurance Co.
Court: ND Tx 08/02/2019
District Court Finds Defective Construction of Multiple Subcontractors Constitutes a Single Occurrence for General Contractor under Its Liability Insurance Policies
Blevins v. State Farm Mutual Automobile Insurance Co.
Court: Tx 2-Ft Worth 08/01/2019
Justice Birdwell Issues Dissent on Denial of En Banc Reconsideration of Appellate Court's Affirmation of Jury's "Zero Damages" Award in UM/UIM Dispute
BITCO General Insurance Corp. v. Monroe Guaranty Insurance Co.
Court: WD Tx 07/31/2019
District Court Grants Summary Judgment on Duty to Defend Insured for Property Damage Claims Potentially Within Coverage of Commercial General Liability Policy
In re Auto Club Indemnity Co.
Court: Tx 14-Houston 07/30/2019
Court Grants Mandamus after Trial Court Sets Aside Appraisal Award of $0
Seim v. Allstate Texas Lloyds
Court: Tx 2-Ft Worth 07/30/2019
A Divided En Banc Court Rules for Insurer on Limitations
Gleason v. Markel American Insurance Co.
Court: 5th Cir 07/30/2019
Fifth Circuit Affirms Finding of No Coverage in D&O Dispute over Sale of Ice Cream Company
Aviles v. Allstate Fire and Casualty Insurance Co.
Court: SD Tx 07/29/2019
District Court Affirms Magistrate's Partial Dismissal of Insured's Extra-Contractual Claims
MJ & JJ, LLC v. Clear Blue Specialty Insurance Co.
Court: SD Tx 07/29/2019
Court Denies Insured's Motion to Remand Based on Improper Joinder
Smith v. Travelers Casualty Insurance Co. of America
Court: 5th Cir 07/26/2019
Fifth Circuit Affirms Dismissal of Property Insurance Claim based on Statute of Limitations