J. Ryan Fowler | Property Insurance Coverage Law Blog | July 5, 2019 The Texas Supreme Court recently answered the question above in two cases with different results depending on what type of insurance code violations the insured is alleging. The court addressed Texas Insurance Code chapter 542 violations (often called prompt payment of claims)… Continue reading Does Payment of an Appraisal Award Wipe Out Claims Handling Insurance Code Violations?
Tag: Texas
Delayed Insurance Payment? Texas Does Not Allow Insurers To Profit From Nonpayment During Appraisal
Chip Merlin | Property Insurance Coverage Law Blog | June 29, 2019 Rene Sigman of Merlin Law Group’s Houston office was getting some pretty good results for clients this week when she sent me a Texas Supreme Court appraisal case which makes delaying insurers more accountable for inaccurate or plain wrongful estimates of the benefits owed to policyholders. All… Continue reading Delayed Insurance Payment? Texas Does Not Allow Insurers To Profit From Nonpayment During Appraisal
The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Donnie Apodaca | Avoiding Insurance Bad Faith | March 12, 2019 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. Nevertheless, attorneys are sometimes hesitant to designate a client or a client’s employee as an expert witness for fear of… Continue reading The Supreme Court of Texas Clarifies That a Party Can Testify as an Expert Witness without Waiving the Attorney-Client Privilege
Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims
Pierre Grosdidier | Haynes and Boone LLP | November 5, 2018 Two cases from Houston appellate courts show the relatively high bar that breach of contract claims must meet to satisfy the discovery rule. The cases show that parties in the construction industry must mind the details and cede no opportunity to confirm contractual performance… Continue reading Construction Law Practice Tip: The Discovery Rule Bar is High for Breach of Contract Claims
Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion
Jamie L. Moore | Bradley Arant Boult Cummings LLP | May 15, 2018 One year after its initial decision in a significant bad faith case, the Texas Supreme Court has issued its much-awaited opinion in USAA Tex. Lloyds Co. v. Menchaca. The case involved a homeowner whose post-Hurricane Ike property damage claim was denied by USAA… Continue reading Texas Supreme Court Issues Highly Anticipated Bad Faith Opinion