James Holbrook, III

James Holbrook, III

Zelle Hofmann Voelbel & Mason LLP

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Latest Publications


Graber v. State Farm is a Texas Prompt Payment Outlier

For more than a decade, courts applying Texas law — including the Fifth Circuit, two federal district courts and several Texas courts of appeal — have uniformly held that an insurer’s full and timely payment of an appraisal...more

8/11/2015 - Appraisal Awards Breach of Contract Breach of Duty Covenant of Good Faith and Fair Dealing Insurance Industry Insurance Litigation Insureds Motion for Summary Judgment Prompt Payment

LLCs Not Subject To Texas Attorney Fee Statute ... For Now

In a matter of first impression, the United States District Court for the Northern District of Texas recently held that Section 38.001 of the Texas Civil Practice and Remedies Code — the statutory provision allowing a...more

5/18/2015 - Attorney's Fees Breach of Contract LLC Prevailing Party

Fracking Bans Don't Trigger Civil Authority Coverage

On Nov. 4, 2014, voters in Denton, Texas, which is home to more than 270 natural gas wells, approved a ballot initiative banning all hydraulic fracturing within the city’s limits. The Denton ban, which took effect on Dec. 2,...more

1/8/2015 - Citizen Initiative Campaigns Civil Authority Coverage Commercial General Liability Policies Fracking Fracking Bans Local Ordinance

2014 Hail-Related Insurance Litigation Year In Review

The number of lawsuits arising from hail-damage claims to residential and commercial properties has increased dramatically over the past few years. Indeed, since 2012, hundreds of lawsuits alleging underpayment of...more

12/29/2014 - Claim Procedures Insurance Litigation Property Damage Property Insurance

AMJ Investments May Not Alter Texas Claims Landscape

Section 541 of the Texas Insurance Code authorizes a private cause of action through which an insured can recover the “actual damages” caused by its insurer’s violation of the statute’s fair-claims handling provisions. And,...more

9/25/2014 - Appeals Breach of Contract Damages Insurance Industry

Texas' Atty Fee Statute — Elevating Form Over Substance?

Texas follows the American Rule, which provides that litigants may recover attorneys' fees only if specifically provided for by contract or statute. One such statute — Section 38.001 of the Texas Civil Practice Remedies Code...more

4/24/2014 - Attorney's Fees Pharmaceutical Industry Referral Fees

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