Gregory Hudson

Gregory Hudson

Cozen O'Connor

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Don’t Mess with the Texas Prompt Payment of Claims Act: One Court’s Appraisal Result

Virtually all property insurance policies contain an appraisal clause, which outlines the appraisal procedure in broad terms. Those broad terms sometimes do not provide much guidance about the process, or about the effect...more

7/25/2016 - Appraisal Appraisal Awards Bad Faith Breach of Contract Insurance Industry Insurance Litigation Prompt Payment Property Damage Property Insurance State Farm Statutory Penalties

When is Rescission Based Upon Material Misrepresentations The Proper Course of Action?

Carriers rely on application representations regarding the existence of potential claims. Sometimes, the carrier learns after the fact that an applicant may not have reported all known potential claims. What can/should the...more

5/13/2016 - Applications D&O Insurance Errors and Omissions Policy Insurance Industry Insurance Litigation Misrepresentation Recoupment Rescission Reservation of Rights

Avoid Inconsistent Communications By “Revolving Door” Adjusters

In CE and CLE courses, we hear all the time that the most often cited reason for a grievance or complaint is lack of communication. This truism provides a useful rule of thumb to avoid bad faith claims. Remember, for most...more

5/5/2016 - Bad Faith Construction Industry Insurance Adjusters Insurance Industry Insurance Investigations Insurance Litigation

Reservation of Rights Letters Help Avoid Prejudice in the Third Party Context

When discussing bad faith in the third party context, most of the discussion properly centers on the duty to settle a claim. However, other actions taken by a policyholder and carrier can have an impact. The recent case of...more

4/20/2016 - Bad Faith Declaratory Relief Insurance Industry Policy Exclusions Prejudice Reservation of Rights Service of Process State Farm Summary Judgment Third-Party

Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss

In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its...more

1/18/2016 - Denial of Insurance Coverage Insurance Industry Loss of Use TX Supreme Court Uninsured and Under-Insured Motorists

Supreme Court of Texas Rules Installation of Faulty Product Not Covered by Standard CGL Policy

In U.S. Metals, Inc. v. Liberty Mutual Group, Inc., No. 14-0753, 2015 Tex. LEXIS 1081 (Tex. Dec. 4, 2015) the Supreme Court of Texas ruled that installation of a faulty component does not cause physical injury to the...more

1/14/2016 - Commercial General Liability Policies Exxon Mobil Liberty Mutual Insurance Company Policy Exclusions Popular Property Damage Refineries TX Supreme Court

Texas Supreme Court Declines Opportunity to Review Appellate Decision Clarifying Insurer’s Settlement Obligations In...

Last year in Patterson, et al. v. Home State County Mut. Ins. Co., 2014 Tex. App. LEXIS 4460, 2014 WL 1676931 (Tex.App., Apr. 24, 2014), the Texas First Court of Appeals (Houston) held that an insurer was not obligated to...more

9/23/2015 - Assignments Insurance Industry Multi-Party Litigation Policy Limits Trucking Accident Trucking Industry Wrongful Death

Sixth Circuit Refuses to Create a Cause of Action for Reverse Bad Faith

In an opinion handed down last week, the Sixth Circuit Court of Appeals refused to adopt a new cause of action under Kentucky law for a reverse bad faith claim by an insurer against its insured where the Kentucky Supreme...more

5/15/2015 - Appeals Bad Faith Indictments Insurance Fraud Insurance Industry Property Damage

Texas Supreme Court Incorporates Limitations From An “Insured Contract” Into GL Policy

In In re Deepwater Horizon, Cause No. 13-0670, Slip Op., Feb. 13, 2015, the Texas Supreme Court held that an allocation of liability found in an “insured contract” would determine the coverage provided to an additional...more

3/2/2015 - Additional Insured BP Contract Drafting Contract Interpretation Deepwater Horizon Indemnity Claim Liability Insurance Oil & Gas Scope of Coverage TX Supreme Court

Fifth Circuit Reaffirms the Importance of a Reasonable Claim Investigation Prior to Denial

In Santacruz v. Allstate Texas Lloyds, Inc., 2014 WL 5870429 (Nov. 13, 2014), the 5th Circuit allowed a policyholder to pursue a claim for common law and statutory bad faith even though the policyholder repaired the alleged...more

11/19/2014 - Bad Faith Homeowner's Insurance Insurance Investigations Property Damage Property Insurance

Texas Court Construes Professional Liability Policy to Require Defense of Law Firm in Fee Dispute

In Shamoun & Norman, LLP v. Ironshore Indemnity, Inc., Cause No. 3:14-1340, In the U.S. District Court, Northern District of Texas, the federal district court construed a professional liability policy issued by Ironshore to...more

11/11/2014 - Contract Disputes Counterclaims Duty to Defend Liability Insurance Policy Exclusions Professional Liability

Texas Supreme Court Clarifies Scope and Application of the “Anti-Technicality” Statute

In Greene v. Farmers Insurance Exchange, the Texas Supreme Court clarified the scope and application of § 862.054 of the Texas Insurance Code, the “anti-technicality” statute, holding that the clause would only operate in...more

9/9/2014 - Breach of Contract Insurance Industry Insureds Materiality Public Policy

D&O Carrier Allowed to Recoup Defense and Indemnity Costs After Employees Plead Guilty to Misconduct

In Protection Strategies, Inc. v. Starr Indemnity & Liability Co., the U.S. District Court for the Eastern District of Virginia allowed an insurer to recoup more than $670,000 in costs paid for the insured first to respond to...more

5/5/2014 - Bribery Conspiracies D&O Insurance Fraud Plea Agreements Policy Exclusions Recoupment

Florida Court Permits Bad Faith Claim by a Michigan Citizen Against a Michigan Insurer

In Betzdolt v. Auto Club Group Insurance Company, a Michigan resident was allowed to proceed with a bad faith claim against her insurer in Florida, even though the insurer did not sell policies in Florida, did not deliver...more

4/30/2014 - Auto Insurance Bad Faith Car Accident Jurisdiction

Alabama Supreme Court Corrects the Perception that Alabama Law Contemplates Two Bad Faith Torts

In Brechbill v. State Farm Fire & Cas. Co., No. 1111117, ___ So. 3d ___, 2013 WL 5394444, 2013 Ala. LEXIS 126 (Ala. Sept. 27, 2013), the Alabama Supreme Court held that there is only one, as opposed to two, causes of action...more

10/24/2013 - Bad Faith Expert Testimony Standard of Proof

Texas Supreme Court Revises New Rules for Expedited Trials and Dismissal of Baseless Claims Following End of Public Comment Period

Introduction - Following considerable public comment, the Texas Supreme Court revised and issued final approval of new rules providing for expedited trials and dismissal of baseless claims. Despite pleas from various...more

3/7/2013 - Arbitration Dismissals Evidence Rules of Civil Procedure Trials

Texas Looks to “Rejuvenate the Courthouse” With New Rules for Expedited Trial, Permissive Interlocutory Appeal and New “Loser...

Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more

2/15/2013 - Discovery Evidence Interlocutory Appeals Offer of Judgment Pleadings Rules of Civil Procedure Settlement Trials

Fifth Circuit Rejects Insured’s Efforts to Secure Independent Counsel

On October 15, 2012, the U.S. District Court of Appeals for the 5th Circuit – applying Texas law – addressed another Cumis counsel matter. See Coats, Rose, Yale, Ryman & Lee, P.C. v. Navigators Specialty Ins. Co., No....more

11/6/2012 - Conflicts of Interest Cumis Counsel Insureds Reservation of Rights

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