CARE CUSTODY & CONTROL EXCLUSION PRECLUDES COVERAGE
Last Friday, in Ohio Casualty Insurance Company v. Lloyd Technologies Inc., No. A-09-CA-633-LY (W.D.Tex. September 30, 2011), a Federal District Court Judge in the Austin…more
HOUSTON COURT OF APPEALS DECLINES TO COMPEL TRIAL JUDGE TO ABATE DISCOVERY IN HURRICANE CASE PENDING APPRAISAL
Last Tuesday, in In re Cypress Texas Lloyds, No. 14-11-00726-CV, 2011 WL 4367140, the Houston 14th Court of…more
In this Special Report, the TILN looks at valued policy law in Texas and "liquidated" claims for policy proceeds. We anticipate that the claims arising from the fires will bring these issues to the forefront for insurers and…more
SOUTHERN DISTRICT JUDGE REJECTS FORM ANTI-APPRAISAL ARGUMENTS
Federal District Judge Ewing Werlein (of the Houston Division of the Southern District) last week granted a motion to compel appraisal urged by Hartford and, in…more
In a decision issued on Monday, Judge Werlein in the Houston District of the Southern District of Texas admonished the Mostyn Law Firm for filing meritless, repititious pleadings. Courts are seldom witty, droll, sarcastic, or…more
Texas courts continue their busy pace in insurance cases.
TEXAS SUPREME COURT REVERSES RUTTINGER: WORKERS COMPENSATION CARRIERS NOT SUBJECT TO UNFAIR SETTLEMENT PRACTICES CLAIMS UNDER THE TEXAS INSURANCE CODE
In a ground-breaking decision, the Texas Supreme Court today decided that workers compensation insurers are not subject to "bad faith" claims for unfair claims settlement practices under the Texas Insurance Code.
CLAIMS OF NEGLIGENT FAILURE TO PROVIDE CHAPERONE AGAINST EMPLOYER “ARISE OUT OF” EMPLOYEE’S SEXUAL MISCONDUCT – EXCLUSION APPLIES
The Fifth Circuit recently addressed whether negligence claims against the named insured,…more
IN THIS ISSUE: Paid v. Incurred Medical Expenses; Coverage for Settlement of FTC Class Action; Insurable Interest; Twombly & Igbal; Premium Payment as Condition Precedent to Coverage; Duty to Defend; Policy Issuance;…more
The 11th Circuit Court of Appeals found the individual mandate unconstitutional in the Obama Healthcare legislation.
The Appeals Court for the 11th Circuit, based in Atlanta, found that Congress exceeded its authority by…more
No Extra-Contractual Recovery for AFS/IBEX against Great American in Crime Policy Coverage Fight
Recently, in Great Am. Ins. Co. v. AFS/IBEX Fin. Servs. Inc., C.A. No. 3:07–CV–924–O, 2011 WL 3163605 (S.D. Tex. July 27, 2011)…more
Texas General Land Office v. Porretto
After the State of Texas lost an important trial concerning state versus private ownership of beachfront property, the State retained MDJW lawyers, Levon Hovnatanian and Dale Jefferson, to represent it in further proceedings and…more
Recently, Union Insurance Company successfully defended, and recovered its attorneys’ fees, in an adversary proceeding in bankruptcy court brought by the debtor in possession for building damages allegedly caused by Hurricane…more
Texas courts address the busines auto policy, "advertising injury" coverage, workers compensation and bad faith, and Hurricane Ike.
In a case of first impression “in this state and perhaps the country,” the Texas Supreme…more
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