Andrew Howell

Andrew Howell

Zelle Hofmann Voelbel & Mason LLP

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Latest Publications


Symptoms of the Texas Progressive Claim Syndrome

Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a...more

9/18/2015 - Commercial Insurance Policies First-Party Coverage Insurance Industry Insurance Litigation Insureds Property Insurance Public Adjusters Statute of Limitations

Texas Claims Are Getting Nasti: The Insured’s Burdens

Texas courts have long taken the position that “[w]hen covered and excluded perils combine to cause an injury, the insured must present some evidence affording the jury a reasonable basis on which to allocate damages.”...more

3/3/2015 - Calculation of Damages Evidence Insurance Litigation Property Damage Property Insurance State Farm

In Texas, Waiving Right To Appraisal Takes Prejudice

Texas has perhaps the most substantive body of law on insurance appraisal. In recent years, Texas courts have issued a plethora of appraisal-related decisions covering a vast assortment of topics. Some provide clarity on the...more

1/27/2014 - Appraisal Property Insurance Texas

Mediation Opening Statements: You Gotta Know When To Hold 'Em, Know When To Fold 'Em

In most insurance coverage disputes, the parties arrive at mediation fully aware of the other side’s position. An insured makes its position known when it submits the claim or during the claim adjustment, and an insurer...more

1/22/2014 - Mediation

Insurers, Beware Of Unnamed 3rd Parties' Hidden Rights

Generally, the language of an insurance policy governs the rights to any proceeds thereunder. However, many courts recognize a number of different theories that may allow third parties not specifically named as insureds in...more

10/9/2013 - Third-Party Third-Party Beneficiaries

A Close Look At Texas' New Expedited Trial Rules

The Texas Supreme Court recently promulgated new rules that require plaintiffs to bracket the damages sought in their initial pleadings and provide an expedited trial process for cases where less than $100,000 is in...more

8/29/2013 - Expedited Actions Process Pleadings Trials

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