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Gray Reed

Using Evidence to Fill Gaps in Pleadings Silent on Important Coverage Facts

Gray Reed on

A decision out of the United States District Court for the Southern District of Texas showcases the practical challenge in the relationship between workers’ compensation and the pleading standards required to trigger...more

Zelle  LLP

When a Plaintiff’s Counsel Thinks His Client is Dead and then Alive Again – Believe Him but Seek Sanctions

Zelle LLP on

In Michael Mitchell v. USAA General Indemnity Company, No. 09-23-00042-CV, 2025 WL 635235 (Tex. App.—Beaumont Feb. 27, 2025, no pet.), the appellate court affirmed dismissal of all Plaintiff’s claims with prejudice, finding...more

Zelle  LLP

Presuit Notice to Third-Party Adjuster Does Not Comply with Section 542A.003(a) of the Texas Insurance Code

Zelle LLP on

As a question of first impression, The United States District Court for the Northern District of Texas analyzed whether issuing pre-suit notice to a third-party adjuster satisfies Section 542A.003(a) of the Texas Insurance...more

Maynard Nexsen

Lessons in Limitation – Contractual Limitations Provisions as a Basis for Summary Judgment

Maynard Nexsen on

In recent weeks, our firm obtained summary judgment under a contractual limitations provision that the plaintiff-insured argued had been equitably tolled due to the insurance carrier’s conduct. Although the good guys won, the...more

Pillsbury - Policyholder Pulse blog

The Ninth Circuit Wants Everyone to Stop Forgetting About the Appraisal Provision

Policyholders, don’t lose track of the appraisal provision in your insurance policies. At least that is what the panel in 50 Exch. Terrace LLC v. Mt. Vernon Specialty Ins. Co. seemed to be saying. There, the Ninth Circuit...more

Zelle  LLP

The First Houston Court of Appeals Correctly Grants Mandamus Relief to Compel Appraisal After Suit Is Filed

Zelle LLP on

In re SureChoice Underwriters Reciprocal Exch., involved a claim for hail and wind damage to the insured’s (“Glasper”) residence. 702 S.W.3d 876, 878 (Tex. App.—Houston [1st Dist.] 2024, no pet. h.) The carrier (“SureChoice”)...more

Farella Braun + Martel LLP

Judges Wipe Out Business Interruption Policyholders’ First (And Only) COVID Win

Out of the 1,199 (and counting) trial court rulings addressing Covid business interruption lawsuits, only one of them resulted in a victory for the policyholder. Back in 2022, Baylor College of Medicine won $12 million from...more

Cozen O'Connor

Decision: Insurer Prevails on Motion in Limine to Exclude RCV Evidence at Trial

Cozen O'Connor on

In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the...more

Zelle  LLP

How to Be a Reasonably Prudent Insurer Under the Stowers Doctrine, Part II

Zelle LLP on

There are a number of factors that Courts review when determining whether an insurer has acted under a “reasonably prudent insurer” standard under the Stowers doctrine. We have previously discussed key issues to look out for...more

Butler Weihmuller Katz Craig LLP

In South Carolina, Documents Outside the Pleadings May Be Utilized to Exclude Coverage

October 27, 2020 - In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a commercial general liability policy is the Comparison or Four-Corners Test....more

Carlton Fields

Eleventh Circuit Rejects Insurer-Defended Policyholder’s Bid to Expand Florida’s Bad Faith “Excess Judgment Rule” to Include...

Carlton Fields on

In Cawthorn v. Auto-Owners Insurance Co., No. 18-12067 (11th Cir. Oct. 25, 2019), the Eleventh Circuit affirmed the U.S. District Court for the Middle District of Florida’s grant of summary judgment in favor of Auto-Owners...more

Neal, Gerber & Eisenberg LLP

Reminder Why Injured Claimants Must be Named in Declaratory Judgment Complaint

In Direct Auto Insurance Company v. Bahena, et al., 2019 IL App (1st) 172918, the Illinois Appellate Court sifted through a procedural nightmare in order to get to the very sensical conclusion that “It cannot be the case that...more

Robins Kaplan LLP

Appeals in Insurance Litigation – Appreciating Standards of Review

Robins Kaplan LLP on

It is said that the first rule of a successful appeal is to win in the trial court. But, regardless of winning or losing in the trial court, one of the most important considerations in evaluating exposure and the likelihood...more

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