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).
Extra-contractual Claims in the Context of Underinsured Motorist Coverage
The Southern District of Texas, McAllen Division recently issued an opinion in a UIM case that precludes the recovery of extra-contractual damages absent a finding that the insured was entitled to benefits.
Insurer’s Payment of Appraisal Award Not Complete Bar to Extra-Contractual Claims
The Supreme Court recently issued three per curiam opinions clarifying the effect of an insurer's payment of an appraisal award.
Texas Supreme Court Rejects Language-based Exception to Eight-Corners Rule
The Court has addressed — and rejected — a language-based exception, under which an insurer’s duty to defend is determined by the claims alleged in the petition and the coverage provided in the policy documents.
Texas Supreme Court Adopts Collusive-Fraud Exception to Eight Corners Rule
The Texas Supreme Court has—for the first time—expressly adopted an exception to the eight-corners rule, to be applied in cases where the insured and a third party fraudulently collude to secure a defense.
Texas Supreme Court Rejects District Judge’s Exception to the “Eight-Corners Rule”
Jeffrey Glass recently wrote about a question, certified to the Texas Supreme Court by the Fifth Circuit Court of Appeals, regarding the continuing validity of the “eight corners” rule.
A Mediator’s Take on COVID-19
Does insurance cover COVID-19 losses? As our national economy slows to a crawl, many businesses are desperately searching for lifelines.
Clarity from ‘Menchaca’ on Extracontractual Damages for Insureds Entitled to Policy Benefits
Have we mentioned that 'USAA Texas Lloyds Co. v. Menchaca' has changed things? 'Lyda Swinerton' is another example.
Texas Supreme Court to Review Judge McBryde’s Exception to the Eight-Corners Rule
The Fifth Circuit Court of Appeals recently certified to the Texas Supreme Court, and the latter accepted, a question that could end up undermining the "eight corners" rule.