The Insurance Law Section is an official, sanctioned section of the State Bar of Texas consisting of approximately 2,300 members. Membership is open to all members of the State Bar of Texas.
Our Mission: Promoting collegiality and educating the bench, bar, and public about Texas insurance law.
Join The Section
The Insurance Law Section is governed by a Council elected from the Section membership at the Section’s annual meeting. Section officers are elected from and by the Council
News
Don’t Miss the Insurance Law Webinar – Texas Anti-Indemnity Act for Construction Contracts
Register online for the 8/10/22 webinar to get the latest update on recent court opinions, trends in litigation, and unresolved issues.
Did You Miss the Insurance Law Webinar – Turning Eight Corners into a New Era?
Order the recording of the 4/27/22 webinar to get the latest update on this much-anticipated Texas Supreme Court decision.
Announcing the Spring 2022 Texas Law Student Writing Competition
The competition is an annual state-wide competition, open to written submissions of insurance-related articles authored by law students in good standing from any of the ten accredited law schools in Texas.
Events
Articles
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.
Recent Decisions
Corsaro v. Columbia Hospital at Medical City Dallas Subsidiary
Court: ND Tx 06/21/2022
Insured Under ERISA Plan Not Entitled to Equitable Claims for Short-Term Disability Benefits, But Asserts Plausible Claims for Long-Term Benefits
Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan
Court: ND Tx 06/21/2022
Retired NFL Player Awarded Disability Benefits Under ERISA NFL Employee Benefit Plan
Sustainable Modular Management, Inc. v. The Travelers Lloyds Insurance Co.
Court: ND Tx 06/14/2022
Court Dismisses Insured's Fraud And Misrepresentation Claims but Contractual and Extra-Contractual Claims in Builder's Risk Mold Dispute Survive
Sustainable Modular Management, Inc. v. The Travelers Lloyds Insurance Co.
Court: ND Tx 06/14/2022
Court Grants In Part Insurer's Motion To Exclude Claims Handling Expert
Donias v. Old American County Mutual Fire Insurance Co.
Court: Tx 8-El Paso 06/14/2022
Court Holds Driver Who Changed Name Is Not Covered Under Named-Excluded Driver Exclusion
Ferrer & Poirot, GP v. The Cincinnati Insurance Co.
Court: 5th Cir 06/09/2022
Fifth Circuit Again Holds No Physical Loss or Damage to Property in COVID-19 Dispute
Moreno v. Sentinel Insurance Co., Ltd.
Court: 5th Cir 06/02/2022
Fifth Circuit Applies Long-Established Texas Law on Insured's Obligation to Request Defense
Kiolbassa Provision Co., Inc. v. Travelers Property Casualty Company of America
Court: 5th Cir 06/02/2022
Fifth Circuit Holds Reefer Trailer Does Not Qualify As Covered Equipment Under Equipment Breakdown Policy
Mt. Hawley Insurance Co. v. J2 Resources, LLC
Court: SD Tx 06/01/2022
Court Applies Business Risk Exclusions in Holding That Insurer Did Not Owe Duty to Defend or Indemnify Its Insured
Church of the Open Door of Waco v. Church Mutual Insurance Co.
Court: WD Tx 05/25/2022
Court Denies in Part an Insurer's Motion for Judgment as a Matter of Law, Awarding Extra-Contractual Damages to Insured for Independent Injury
