Cases

Recent Decisions

Hudson Insurance Co. v. Alamo Crude Oil, LLC

Court: WD Tx 07/24/2019 District Court Considers Extrinsic Evidence, Grants Insurer's Summary Judgment that No Duty to Defend Exists

Jackson National Life Insurance Co. v. Dobbins

Court: ND Tx 07/23/2019 District Court Grants Motion to Compel Party's Return of Policy Proceeds to the Court Registry for Payment to Prevailing Party

Williams v. Allstate Vehicle and Property Insurance Co.

Court: ND Tx 07/23/2019 District Court Grants Motion to Remand because Claim Adjuster was Properly Joined

Spec’s Family Partners, Ltd. v. The Hanover Insurance Co.

Court: SD Tx 07/23/2019 District Court Finds Duty to Defend Exists, but the Insured did not Establish Violation of the Texas Insurance Code or Entitlement to an Award of Attorneys' Fees

Kiely v. Texas Farm Bureau Casualty Insurance Co.

Court: Tx 6-Texarkana 07/22/2019 Court of Appeals Affirms Judgment for Insurer in PIP Benefits Case

Blanco West Properties, LLC v. Arch Specialty Insurance Co.

Court: 5th Cir 07/22/2019 Appellate Court Affirms Judgment for Insurer for Insured's Failure to Provide Timely Notice of Its Claim

Zurich American Insurance Co. v. Central Texas Highway Constructors, LLC

Court: WD Tx 07/20/2019 Magistrate Judge Recommends that Insurer's Motion to Intervene be Granted and that the Lawsuit Should not be Dismissed in Favor of Pending State Court Action

Mt. Hawley Insurance Co. v. TFP Properties III LLC

Court: SD Tx 07/19/2019 District Court Rejects Insurer's Challenge of Insured's Valuation Expert

Seramur v. Federal Insurance Co.

Court: ND Tx 07/19/2019 Sua Sponte, District Court Transfers Coverage Dispute from Dallas to Fort Worth

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

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"