A frequently encountered question in the insurance world is whether payment of an appraisal award forecloses or bars first party claims against an insurer by the insured, and if so, under what circumstances. The Texas Supreme Court has taken this matter […]
Several states have already attempted to pass legislation declaring that shutdowns caused by COVID constitute property damage under insurance policies. That, of course, will probably run afoul of the Contract Clause of the Constitution. The Contract […]
The coronavirus is undoubtedly going to create contract disputes in ways that we cannot fully imagine. Parties will call their attorneys asking if they can send default letters or if they have defenses for missing contractual deadlines. Terms such as […]
Traditionally, when analyzing if an insurer has a duty to defend, Texas law requires courts to apply the “eight-corners rule,” comparing the factual allegations in the four corners of the pleadings with the language within the four corners […]
The insuring agreement in most commercial general liability policies states that the carrier "will pay those sums that the insured becomes legally obligated to pay as damages because of…'property damage' to which this insurance applies […]
As defense counsel to multiple retail clients across the United States, one of the most common things we encounter in personal injury claims is the presence (or oftentimes the absence) of video of "the incident." In today's world where […]
In an era where retailers face mounting pressures forcing increased store closings and bankruptcy filings, the full impact on the industry in the wake of devastation caused by Hurricane Harvey is still unfolding. A preliminary estimate by Moody's Analytics […]
Before filing a lawsuit or initiating an arbitration proceeding pertaining to a construction defect, a condominium association in Texas with eight or more units must now comply with the newly added Section 82.119 to Chapter 82 of the Texas Property Code […]
On September 22, 2015, the Texas Supreme Court will hear oral argument in the case J&D Towing, LLC v. American Alternative Insurance Corporation, and the ruling could potentially have drastic effects upon how insurers handle and value property damage […]
Under the Motor Carrier Act of 1980 ("the Act"), no motor carrier shall operate a motor vehicle unless the carrier has obtained minimum levels of financial responsibility[1] through insurance or other forms for bodily injury or death to […]
In today's complex work of insurance, many insurance risks are "reinsured" by a separate insurance carrier. In those instances, it is not unusual for insurers and reinsurers to have regular communications concerning the insured, and in particular, […]
Property insurance policies routinely include an appraisal clause that sets forth a non-judicial procedure for resolving disputes about the "amount of loss," i.e., the value of damaged property or the cost of repairs. When properly invoked […]