Jennifer Gibbs

Jennifer Gibbs

Zelle LLP

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Global Hail

The United States experiences a large number of hail events, but hail can occur anywhere in the world – especially in areas near mountainous terrain. Western China and northern India experience hail quite frequently, as do...more

9/14/2016 - Australia Catastrophic Events China India Kenya Natural Disasters Property Damage

Cyber Risks and Insurance in the Marine Industry

The first wireless radio equipment was used aboard Lightship 70 in 1899. Over the next 115 years, the use of technology in the maritime domain has driven rapid change in the United States Coast Guard’s operating environment —...more

3/16/2016 - Coast Guard Cyber Insurance Cyber Threats Cybersecurity Maritime Transport Representations and Warranties Vessels

Texas Tornadoes: Why Risk Mitigation Matters

On Dec. 26, 2015, 12 confirmed tornadoes struck the North Texas area, killing 13 people.[1] Property damage resulting from the tornadoes is currently estimated at $1.2 billion. According to the National Oceanic and...more

3/7/2016 - Building Codes Loss Mitigation Property Damage Property Insurance Tornadoes

The Argument for Utmost Good Faith in Property Insurance

The term “bad faith” is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the “special relationship” between an insured and an insurer. Breach of this...more

12/11/2015 - Covenant of Good Faith and Fair Dealing Marine Insurance Material Disclosures Misrepresentation Property Insurance Reinsurance

The Wild West of Improper Joinder in North Texas

In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

8/18/2015 - Claims Adjusters Diversity Jurisdiction Fraudulent Joinder Insurance Code Insurance Litigation Personal Liability Remand Removal

Don’t Mess With Texas Adjusters In Hail Damage Claims

Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more

2/9/2015 - Citizenship Claims Adjusters Diversity Jurisdiction Insurance Litigation Jurisdiction Property Damage Property Insurance Removal

Texas High Court Doesn’t Take Fishing Expedition Bait

There will be no more fishing in Texas in unrelated claim files. The Supreme Court of Texas has summarily ended any debate as to whether discovery of an insurer’s claim files for other policyholders is permissible — it is...more

12/3/2014 - Discovery Good Faith Insurance Industry Property Damage

Property Insurance May Mitigate Ebola-Related Losses

With cases of Ebola now in the U.S., concerns have been raised as to the safety of public places visited by a person infected with the virus. Despite assurances from health officials that it is nearly impossible to contract...more

11/4/2014 - Business Interruption Civil Authority Coverage Ebola Policy Exclusions Property Insurance

Surplus Lines Insurance in Texas: A Dark Horse

Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not...more

4/10/2014 - Cyber Attacks Cyber Insurance Surplus Lines Insurance

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

Herculean Metaphors, Other Peculiarities Of Heller v. Ace

Does a party waive its right to demand appraisal if it states in open court, “We don’t like appraisal,” simultaneously opposes a motion to compel appraisal in a companion case with nearly identical facts, attempts a...more

1/9/2014 - Appraisal Waivers

Scope Of Appraisal Continues To Be Problematic In Texas

Despite the statement by the Texas Supreme Court in State Farm Lloyds v. Johnson that the scant precedent involving disputes about the scope of appraisal suggests that appraisals generally resolve such disputes,” both...more

11/8/2013 - Appraisal Property Damage Property Insurance Wind Damage

Baseless Claims In Texas Now Have Financial Consequences

On March 1, 2013, Rule 91a of the Texas Rules of Civil Procedure went into effect, permitting early challenges to allegedly baseless claims. The new rule permits a party to file a motion to dismiss a cause of action on the...more

10/1/2013 - Attorney's Fees Frivolous Lawsuits Motion to Dismiss Tort Reform

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