Martin, Disiere, Jefferson & Wisdom, LLP

Texas Insurance Law Newsbrief

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

| Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury,...

Texas Insurance Law Newsbrief

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

| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law &...

Texas Insurance Law Newsbrief - September 19, 2011

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

| Business Torts, Civil Procedure, Insurance, Personal Injury, Real Estate...
James v. Hartford

District Court Rebukes Firm for Repititious Meritless Pleadings

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

| Civil Procedure, Consumer Protection, Insurance, Real Estate -...

Texas Insurance Law Newsbrief

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…more

| Civil Procedure, Commercial Law & Contracts, Consumer Protection,...

Texas Insurance Law Newsbrief

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

| Civil Procedure, Finance & Banking, Insurance, Labor & Employment Law,...

Texas Insurance Law Newsbrief

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

| Business Torts, Civil Procedure, Finance & Banking, Insurance, Personal...
Florida v. HHS

Appeals Court Rules Against Obama Healthcare Law

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

| Administrative Law, Constitutional Law, Government Contracting, Health,...

Texas Insurance Law Newsbrief - August 8, 2011

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

| Business Torts, Commercial Law & Contracts, Finance & Banking,...
Texas General Land Office v. Porretto

Opinion Reversing and Rendering Judgment for Texas GLO

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

| Civil Procedure, Constitutional Law, Government Contracting, Real Estate...

Texas Insurance Law Newsbrief

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

| Bankruptcy, Commercial Law & Contracts, Insurance, Maritime Law, Real...

Texas Insurance, Litigation, and News

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

| Commercial Law & Contracts, Insurance, Worker’s Compensation

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.