News & Analysis as of

Property Insurance TX Supreme Court

Zelle  LLP

Holding an Insured to its Burden to Support its Claim: Texas’ Concurrent Causation Doctrine

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For Presentation at the 20th Annual Advanced Insurance Law Course, June 1-2, 2023, Hyatt Regency Hill Country Resort, San Antonio, Texas - No Texas insurance practitioner disputes that an insured may only recover for...more

Rivkin Radler LLP

Insurance Update - March 2022

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Texas practitioners can add a new term to their legal vocabulary: “the Monroe exception.” The Texas Supreme Court has finally weighed in on whether to create an exception to the eight corners rule when determining if an...more

Cozen O'Connor

Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and...

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Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and...more

Cozen O'Connor

The Supreme Court of Texas Finds that a Reasonable Payment of an Insurance Claim Does Not Satisfy the Texas Prompt Payment of...

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In Hinojos v. State Farm Lloyds, the Supreme Court of Texas addressed liability under the Texas Prompt Payment of Claims Act (the “TPPCA”) when an insurer timely pays only part of a claim....more

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

Zelle  LLP

Establishing Waiver of the Right to Appraisal in Texas

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Most property insurance policies contain an appraisal provision which provides an alternative to litigation when the insurer and insured cannot reach agreement regarding the amount of a covered loss. The Texas Supreme Court...more

Robinson+Cole Property Insurance Coverage...

Hurricane Harvey, the Texas Supreme Court, and Anti-Concurrent Causation

Many commercial and residential property insurance claims arising from major hurricanes like Hurricane Harvey present damage caused by multiple causes of loss, some of which may be covered (e.g., wind) and some of which may...more

Carlton Fields

The Privilege Maintains Its Power: Texas Supreme Court Blocks Discovery of Insurer Attorney’s Billing Information

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When (if ever) are an insurer’s attorney’s fees and billing information discoverable in a coverage dispute? Though the question is straightforward, the answer can vary from case to case and jurisdiction to jurisdiction. The...more

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