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Stowers After Patterson: Same As It Ever Was?

by Matthew Steven Paradowski In April 2015 an opinion issued by the First District Court of Appeals in Houston caught the rapt attention of liability insurers and insurance law practitioners in the State of Texas, as it appeared to fundamentally alter the Stowers duty—the sole common law duty owed by…

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The Implications of the Deepwater Horizon Decision

by Veronica Martinsen Bates In a case worth hundreds of millions of dollars, the Texas Supreme Court definitively ruled that coverage to an additional insured, when acquired by contract, is limited not only by the policy terms but also by the terms of the contract itself. In Re Deepwater Horizon, 2015 WL…

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When is a Breach Not a Breach?

by Tarron L. Gartner Greene v. Farmers Ins. Exch. and the SCOT’s Continuing Debate over the Material Breach Rule Co-author: Whitney Warren Last summer, the Texas Supreme Court’s decision in Greene v. Farmers Ins. Exchange, probably left most of us scratching our heads.  In Greene, the Court reached the surprising conclusion –…

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Casenote: Farmers Group Ins., Inc. v. Poteet

by Shannon Elizabeth Loyd Farmers Group Ins., Inc.  v. Poteet This is an appeal from a jury verdict in January 2011 ultimately arising from a claim in November 2002 for the discharge of black smoke and soot from an HVAC system. As discussed below, this was the second appeal for…

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