Practice Pointer – Top 10 Tips for Examinations Under Oath
Top 10 practice pointers for examinations under oath.
Practice Pointer – Top 10 Tips for Drafting an Appellate Brief
Navigating the complexities of insurance law in appellate courts requires the ability to communicate effectively with judges and staff attorneys who may be unfamiliar with insurance law.
Practice Pointer – Top 5 Steps for Submitting a Property Damage Claim
Practice pointers for submitting a property damage claim.
Continuous or Progressive Injury and Damage Exclusion in Commercial General Liability Policies – A Workaround to the Actual Injury Trigger?
Most construction project participants procure insurance through a traditional approach: each project participant acquires their own insurance as required in their contracts.
Claimant/Named Insured Limited to $30K Statutory Minimum when Houston First Court Declines to Find a “Separation of Insureds” Implied in Auto Policy
A closer look at Texas Farm Bureau Mutual Ins. Co. v. Minchew.
Fifth Circuit Interprets Texas’s No-Direct-Action Rule As Applied To Third Party Plaintiffs With Underlying Default Judgment
It is well-settled Texas law that plaintiffs are prevented from directly suing a defendant’s insurer unless and until a final judgment or settlement has resolved the litigation at issue. A related line of cases sets out when a third party (not the insured) can bind a non-participating insurer to an underlying judgment or settlement.
Case Note: In Re Farmers Texas County Mutual Insurance Company
Texas law has long disfavored the now uncommon practice of liability insurers “soliciting a contribution to a settlement from its insured without first committing its own policy limits.” The Supreme Court of Texas was recently faced with such a situation.
Subject to Exceptions? Texas Supreme Court Accepts Challenge to “Eight Corners” Rule
Last March, the Texas Supreme Court issued its opinion in Richards v. State Farm Lloyds, unanimously ratifying the “Eight Corners” Rule as a settled feature of Texas law. However, the Court set the stage for future challenge to this consensus when it noted the “Eight Corners” Rule could “possibly” be “subject…to exceptions.” Which exceptions? How many exceptions? It appears we may soon find out.
A Mediator’s Take on COVID-19: Part II
An update on early COVID-19 coverage rulings. While only a handful of the hundreds of pending cases have been decided, one trend is emerging...
The Protracted Battle over Obamacare: Supreme Court Rules in Favor of Healthcare Insurers under the Affordable Care Act
On April 27, 2020, the U.S. Supreme Court ruled in favor of four health insurance companies, recognizing their right to sue the federal government for unpaid subsidies under the Patient Protection and Affordable Care Act (ACA).