Through a series of opinions, courts seem to be gradually chipping away at insurer’s policy defenses based on late notice of claim or suit, or failure to forward suit papers. The new trend started when the Supreme Court held that …
Despite the mandate of new mold endorsements and adoption of new forms, there has been a great deal of continuing litigation in Texas under the Homeowners B form as to when mold is covered. The focus has been on the …
Despite all the recent changes in policy forms, a number of claims still exist under policies using “ensuing loss” language. This language has been the source of a great deal of debate, and rose to the fore during the height …
The accident occurred when the insured and a friend moved the insured’s home-built light plane outside to place it on movable scales and weigh it”just out of curiosity.” While attempting to weigh it, the insured tipped the plane on its …
Texas has been the source of much of the law, nationally, in regard to construction of livestock and equine mortality policies. Perhaps because of the extent of farm and ranch operations in Texas, livestock and equine mortality policies have been …
The most significant Texas insurance case this year is the Texas Supreme Court’s recent opinion in Excess Underwriters at Lloyds, et al v. Frank’s Casing Crew & Rental Tools, Inc., No. 02-0730 (Tex., May 27, 2005). In what appeared to …
The issue of whether, and when, extrinsic evidence may be used to determine a duty to defend has never been clearly defined under Texas law. While a number of courts have recognized an exception, the exact parameters of the exception …
In the arena of liability coverage, a number of significant, yet unresolved, issues are being considered by the Texas Supreme Court: The insurability of punitive damages is under review; selection of defense counsel is in flux; and the use of …
Commercial property issues lead to surprisingly few reported opinions. While they may not result in opinions, many disputes arise over policy interpretation, stemming from the description of the insured premises. Under the ISO Building and Personal Property Coverage Form, many …
For years, a debate has existed as to whether, and under what circumstances, an insurer or insured can introduce evidence outside of the policy and pleadings (the “eight corners”) to seek a determination of the duty to defend. Various Texas …
