News & Analysis as of

Hurricane Ike

Cozen O'Connor

The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege

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Litigation usually involves complex issues related to technology, products, or business processes. In many cases, clients are the best subject-matter experts of their craft....more

Cozen O'Connor

Texas Court Holds That Unpaid Appraisal Award Does Not Conclusively Establish Causation or Damages in Hurricane Ike Insurance...

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While Hurricane Ike made landfall in Texas almost ten years ago, the resulting litigation is alive and well as evidenced by the recent decision in Texas Windstorm Insurance Association v. Dickinson Independent School...more

Carlton Fields

Texas Supreme Court Clarifies When Insured May Recover Policy Benefits

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In an effort to clarify over 20 years of conflicting precedent, the Texas Supreme Court announced five rules that, according to the court, explain the relationship between claims for breach of insurance policy and...more

Clark Hill PLC

Texas Supreme Court Clarifies The “Independent Injury Rule”

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When can an insured recover policy benefits as damages under the Insurance Code, potentially trebling what would otherwise be ordinary contract damages? That question, which has divided Texas insurance lawyers for more than a...more

Cozen O'Connor

Fifth Circuit: Total Loss Amount Caps Insured’s Recovery Even Under Multiple Policies Covering Different Risks

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We don’t usually cover cases dealing with Standard Flood Insurance Policies (SFIPs) issued pursuant to the National Flood Insurance Program, but a Texas case decided by the federal Court of Appeals earlier this month...more

Cozen O'Connor

Texas Supreme Court Enforces Anti-Concurrent Causation, Bars Coverage Where Wind and Flood Combine to Cause the Loss

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Last Friday, Texas’ highest court unanimously endorsed lower court and federal court decisions giving effect to anti-concurrent causation (ACC) clauses and held that such provisions bar coverage where a combination of an...more

Zelle  LLP

Keeping Pace With Texas Hail Claim 'Case-Runners'

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Texas insurance carrier clients writing significant property insurance business in Texas all confirm a disturbing trend. Historically, Texas insurers have seen less than 2 percent of their property insurance claims result in...more

Cozen O'Connor

Texas Supreme Court Accepts a Concurrent Cause and Ordinance or Law Matter Involving Hurricane Ike

Cozen O'Connor on

On October 3rd, the Texas Supreme Court granted a policyholder’s petition for review in a Hurricane Ike matter that potentially gives Texas’ highest court an opportunity to address several important insurance issues. They...more

Cozen O'Connor

Except In Two Circumstances, There Can Be No Claim For Bad Faith Without A Breach of The Contract – The Houston Fourteenth Court...

Cozen O'Connor on

In Lexington Insurance Company v. Jaw The Pointe, LLC, 2013 WL 3968445 (Houston [14th Dist.] August 1, 2013) the dispute arose from Hurricane Ike-related damage to an apartment complex in Galveston, Texas. The property...more

Cozen O'Connor

Does a Bad Faith Cause of Action Survive an Appraisal Award? The Answer May Be, “It Depends.” Two recent federal court decisions –...

Cozen O'Connor on

Intermodal Equipment Logistics, U.S. District Court for the Southern District of Texas - Earlier this year, the U.S. District Court for the Southern District of Texas ruled an insured can pursue its bad faith claim even...more

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