New mold, even if it “ensues” from an old leak, may be covered. Whether mold is ever covered under a homeowners policy—outside of the promulgated mold endorsements—is still a hotly debated issue. Although the mold crisis in Texas may have …
Since 1986, Texas has recognized an innocent insured exception to otherwise non-covered claims. The innocent insured doctrine usually involves arson or other intentional destruction of property by one insured and a claim for coverage by another insured—often the “innocent spouse”—who …
There is a great deal of discussion about the role of insurance agents and brokers in procuring coverage, receiving or providing notice of claims, and accepting premiums. Typically, these discussions, and the accompanying body of case law, address whether the …
Through its history in Texas jurisprudence, the Stowers doctrine, which creates excess liability for insurers based upon rejection of the settlement demand within limits, has shifted between a restricted concept and a broad base for miscellaneous insurer conduct in defense …
Coverage for technology torts—”techno-torts” or “cybertorts”—is limited under the standard general liability policy. “Coverage A” of the standard CGL form requires bodily injury or property damage, and may not extend to loss of data, business interruption or other intangible loss. …
Coverage B, the lesser-known part of the standard commercial general liability policy, provides coverage for personal injury and advertising injury. Coverage is defined by certain enumerated “offenses.” In regard to advertising injury, the offenses include misappropriation of advertising ideas or …
Coverage for technology torts—”techno-torts” or “cybertorts”—is limited under the standard general liability policy. “Coverage A” of the standard CGL form requires bodily injury or property damage, and may not extend to loss of data, business interruption or other intangible loss. …
In a flurry of recent cases, Texas courts have tried to clarify various issues regarding election of remedies in the context of workers’ compensation insurance. These issues arise in various circumstances. Two scenarios form the basis for the recent opinions: …
While a number of significant insurance decisions, in Texas and nationwide, have commanded recent attention, there are also some lesser acclaimed opinions worthy of note. In particular, Texas courts continue to grapple with the fortuity doctrine and its application to …
In Texas Farm Bureau Mut. Ins. Co. v. Sears, the Texas Supreme Court addressed what duties an insurance company owes an independent agent when terminating an “at will” relationship. No. 01-0851 (Tex., Aug. 30, 2002). The court looked at whether …
