Mark Chediak | Claims Journal Xcel Energy Inc. acknowledged that its equipment was likely involved in igniting the worst wildfire in Texas history. But the utility company refuted allegations it had acted negligently. “Based on currently available information, Xcel Energy acknowledges that its facilities appear to have been involved in an ignition of the Smokehouse… Continue reading Xcel Says Its Equipment Likely Involved in Huge Texas Blaze
Tag: Texas
Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Joshua Tumen | Property Insurance Law Observer The Southern District of Texas recently held that an appraisal award did not establish liability for a covered loss under the policy. In Hoff v. Meridian Sec. Ins. Co., 2023 WL 5192013 (S.D. Tex. Aug. 11, 2023), Meridian Security Insurance (“Meridian”) insured Flemming Hoff (“Hoff”). After filing suit, Hoff… Continue reading Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
Gus Sara | The Subrogation Strategist In Cont’l Homes of Tex., L.P. v. Perez, No. 04-21-00396-CV, 2022 Tex. App. LEXIS 7691, the Court of Appeals of Texas (Appellate Court) considered whether the lower court erred in refusing to enforce an arbitration clause in a construction contract between the parties. The Appellate Court considered the costs of… Continue reading Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable
Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations
Lian Skaf | The Subrogation Strategist In construction or similar ongoing projects, problems often pop up. Sometimes they can pop up again and again. Making things even more complicated, one problem may affect another, seemingly new problem. When these construction problems result in property damage, timelines tend to overlap and determining when a statute of… Continue reading Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations
Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings
Jeremy Macklin | Traub Lieberman The Texas “eight corners” rule precludes insurers from disclaiming a defense obligation based on facts not alleged in the underlying pleadings. Texas federal and appellate courts have been issuing rulings addressing exceptions to the eight corners rule and recently sought guidance from the Texas Supreme Court on whether Texas law recognizes… Continue reading Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings