Articles by Beth D. Bradley

Texas Supreme Court Reaffirms Right to Appraisal

The Decision May Lead to More, Not Less, Litigation, However In the wake of Hurricanes Rita, Dolly and Ike, and the inevitable ensuing litigation, many arguments over appraisal provisions surfaced. Most property policies include some form of an appraisal provision, …

Some Vestiges of Patent Infringement Coverage Remain

Despite multiple changes in general liability forms, redefined offenses, and the addition of exclusions, there are still instances in which coverage for patent infringement may exist. Under the standard commercial general liability policy, the coverage is provided in two sections. …

Some Vestiges of Patent Infringement Coverage Remain

Despite multiple changes in general liability insurance forms, redefined offenses, and the addition of exclusions, there are still instances in which coverage for patent infringement may exist. Under the standard CGL policy, the coverage is provided in two sections. Coverage …

Some Vestiges of Patent Infringement Coverage Remain

Despite multiple changes in general liability forms, redefined offenses, and the addition of exclusions, there are still instances in which coverage for patent infringement may exist. Under the standard commercial general liability policy, the coverage is provided in two sections. …

Some Vestiges of Patent Infringement Coverage Remain

Despite multiple changes in general liability forms, redefined offenses, and the addition of exclusions, there are still instances in which coverage for patent infringement may exist. Under the standard commercial general liability policy, the coverage is provided in two sections. …

Terrorism Coverage in the Everyday World

Because of the threshold amount, many acts of domestic terrorism may not be certified. Even under the TRIA, insurers may exclude coverage for loss resulting from ‘non-certified’ acts of terrorism. After the smoke cleared and the tragedy was realized, the …

A New Landscape: Notice and Prejudice in Texas

In the past few years, the Texas Supreme Court has repeatedly addressed the meaning and operation of policy conditions. Perhaps nothing has received as much attention as the conditions relating to notice of an occurrence, claim or suit, and the …

Misidentification Creates Problems for Insureds, Agents, Attorneys

Among the issues that plague coverage lawyers and insurance agents, and especially insureds, is that of a misnamed, unnamed or mischaracterized insured. All too often in insurance policies, corporations are designated as assumed names, partnerships as individuals in corporations, or …

What’s In a Name?

Or: A Rose by Any Other Name Is Not an Insured Among the issues that plague coverage lawyers is that of a misnamed, unnamed or mischaracterized insured. All too often in insurance policies, corporations are designated as assumed names, partnerships …

In Texas, ‘Trigger’ May Be Trickier Than it Seems

Trigger — what determines which policy applies. Most liability policies require property damage caused by an occurrence and require that the property damage occur during the policy period. The question, in Texas and elsewhere, has been what does it mean …