It’s been said that in business, silence isn’t golden, it’s deadly. The same holds true for insurance, where communication with your insurer (or the lack thereof) can be the difference between coverage or a denial....more
Last year, the Texas Supreme Court adopted a narrow exception to the state’s eight-corners rule, and allowed the consideration of extrinsic evidence to determine the duty to defend. The exception arguably raised more...more
The construction industry operates under the constant spectre of claims seeking damages for defective or faulty workmanship. Fortunately, the law in most states treats these claims as covered under commercial general...more
For decades, an insurer’s duty to defend under Texas law was determined exclusively by reviewing the insurance contract and the allegations of the complaint under the “eight-corners rule.” All of this changed last week when,...more
The United States Court of Appeals for the Fifth Circuit recently confirmed that liability insurers have a duty to defend their insureds in construction defect cases when the underlying complaint alleges damage to property...more
When COVID-19 ground the world to a halt, policyholders and insurance-coverage attorneys made predictions about the effectiveness of insurance against coronavirus-related losses. And the outlook wasn’t great. This article...more
11/9/2021
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Policy Exclusions ,
Property Insurance
The Texas Supreme Court recently increased policyholders’ influence over an insurer’s right to settle a third-party claim for less than policy limits. Insurers have long enjoyed a nearly absolute right to settle claims, even...more
One year ago, when the COVID-19 pandemic ground the world to a halt, our firm’s virtual offices were inundated with calls from policyholders, asking if their current and projected losses due to the pandemic would be covered...more
3/18/2021
/ Business Interruption ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Policy Exclusions ,
Property Insurance
The California Court of Appeal recently ruled that a "wage and hour" exclusion in an employment practices liability insurance ("EPLI") policy must be narrowly interpreted to extend coverage for reimbursement claims brought...more
10/7/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Business Expenses ,
Class Action ,
Declaratory Relief ,
Denial of Insurance Coverage ,
Employer Liability Issues ,
Employment Practices Liability Coverage ,
Labor Law Violations ,
Policy Exclusions ,
Remuneration ,
Reversal ,
State Labor Laws ,
Wage and Hour
Privacy activists cheered when, on June 28, 2018, Governor Brown signed into law the strictest consumer privacy law in the United States; the California Consumer Privacy Act of 2018 (“CCPA”). Effective January 1, 2020, the...more
10/23/2018
/ California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
Consumer Privacy Rights ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Disclosure Requirements ,
Notice Requirements ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Privacy Policy ,
Private Right of Action ,
Right to Delete ,
State Attorneys General