News & Analysis as of

TX Supreme Court Insurance Industry

Cozen O'Connor

Texas Supreme Court Rejects Free Speech and Due Process Challenges to Public Adjuster Regulations

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A roofing contractor called Stonewater Roofing, Ltd. (Stonewater) challenged a Texas statute regulating public adjusters' conduct on the basis that the statute violates free speech and due process rights under the First and...more

White and Williams LLP

Top Developments March 2024

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Delaware Supreme Court concludes that a letter from a lawyer informing an insured of possible lawsuits without identifying potential plaintiffs or demanding payment is not a “claim for damages” within the meaning of...more

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

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In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

Dinsmore & Shohl LLP

Texas Supreme Court Rules to Foreclose Attorney’s Fees in First Party Appraisal Context

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The Supreme Court of Texas has issued its much-anticipated opinion on an open attorney’s fees question in the area of First Party Property appraisals....more

Adams and Reese LLP

Eight Corners Rule Update – Texas Federal Courts Apply Monroe Exception to Consider Extrinsic Evidence

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A previous update analyzed the critical case of Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., where the Texas Supreme Court recognized an exception to Texas’s “eight corners rule” but found the exception inapplicable to...more

Adams and Reese LLP

All My Excess Live in Texas - Texas Supreme Court Holding on Additional Insured Status

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In ExxonMobil Corporation vs. National Union Fire Insurance Company, the Texas Supreme Court recently held that ExxonMobil was an additional insured under an umbrella policy procured by its subcontractor. Additionally, the...more

Jenner & Block

Client Alert: A Minimum is Not a Maximum: The Texas Supreme Court Rejects a Common Insurer Tactic to Reduce Additional Insured...

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It is an all-too-common scenario for insurance practitioners. Company A hires an independent contractor to perform work on its premises. Their agreement specifies that Contractor will procure liability insurance—often...more

Cozen O'Connor

Contractual Limitations on Umbrella Coverage and the Texas Supreme Court: Umbrella Policy Coverage Extended Beyond Service...

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While not often in the limelight, standard business practice relies on service contracts and, in turn, risk transfer through those contracts. Critical issues can arise regarding whether a party seeking additional insured...more

Rivkin Radler LLP

Insurance Update - May 2023

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Additional insured disputes can sometimes get complicated. How much coverage the additional insured gets is often a hotly contested issue, especially when the named insured has coverage above the minimum limits it promised...more

Maron Marvel

Contractual Additional Insureds – What Coverage? The Texas Supreme Court Weighs In

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Primary and excess insurance carriers and their counsel need to pay close attention to a new Texas Supreme Court case Exxon Mobil vs. National Union Fire Insurance Company of Pittsburgh Pennsylvania and Starr Indemnity &...more

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

Perkins Coie

Texas Supreme Court Strengthens Additional Insured Coverage Rights

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In a recent decision, the Supreme Court of Texas issued helpful guidance to businesses, nonprofits, and individuals seeking coverage as an “additional insured” under policies issued by a business partner. On April 14, 2023,...more

Payne & Fears

Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend

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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

Adams and Reese LLP

Texas Supreme Court Recognizes Exception to the Eight Corners Rule

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A recent ruling in Texas has given insurers another arrow in their quiver when determining whether they have a duty to defend in cases where coverage may not exist. In Monroe Guaranty Ins. Co. v. Bitco Gen. Ins. Corp., the...more

Locke Lord LLP

Texas Supreme Court Reverses Stop Loss Insurance Categorization Premium Tax Ruling

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On June 17, 2022, the Texas Supreme Court released an opinion in Hegar v. Health Care Serv. Corp. (No. 21-0080) (Jun 17, 2022) regarding whether the Comptroller properly taxed an insurer based on premiums it received from...more

Cozen O'Connor

Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability

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In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of an insurer’s common-law duties to insureds under Texas law. In applying that framework to the facts of the case, the Court...more

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...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

Texas Supreme Court Adopts a Revised Northfield Exception to the Eight-Corners Rule

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In February, the Supreme Court of Texas issued two opinions important to Texas’s duty-to-defend analysis. First, the court settled a split among Texas appellate courts by endorsing a limited exception to the eight-corners...more

Payne & Fears

Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule

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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

Hinshaw & Culbertson - Insights for Insurers

The Texas Supreme Court Expands the Circumstances Under Which Extrinsic Evidence Can Be Used by Insurers to Disclaim A Defense

On February 11, 2022, the Texas Supreme Court handed the insurance industry an overall victory in an inter-insurer dispute by recognizing an exception to the "eight corners rule" permitting insurers to rely upon extrinsic...more

Butler Snow LLP

The Fifth Circuit Court of Appeals Just Slammed the Door on Texas Businesses Seeking Insurance Coverage for Lost Revenue Due to...

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In a pair of opinions issued last month, the Fifth Circuit Court of Appeals held that Texas businesses’ COVID-19 related income loss was not covered by standard business income and extra expense (“BI/EE”) endorsement in...more

White and Williams LLP

The Complex Insurance Coverage Reporter – 2021 Year In Review

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Welcome to CICR’s annual recap of insurance cases you should know about — and others in the pipeline to watch. You can read about our selections for “Cases to Know” and “Cases to Watch” below. In the last year, we saw...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

Payne & Fears

Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule

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The Texas Supreme Court has accepted certified questions from the Fifth Circuit Court of Appeals to clarify Texas’ eight-corners rule for determining the existence of a duty to defend....more

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