September 16, 2002
On August 29, 2002, the Texas Supreme Court issued its revised opinion in King v. Dallas Fire Insurance Company (No. 00-1152, Tex. Sup. Ct., Aug. 29, 2002), withdrawing and replacing its previous opinion of May 30, 2002, with minor modifications. …
August 19, 2002
The World Wide Web—touted as the greatest communication development of all time—has also become the world’s biggest catalog. Along with the use of the Internet for marketing, have come new torts, and a new body of law. As businesses, large …
July 8, 2002
On May 23, 2002, the Texas Supreme Court issued its opinion in Mid-Century Insurance Company of Texas v. Boyte, a case that arose out of an underinsured motorist claim. The Court addressed the issue of whether the common law and …
July 8, 2002
On May 23, 2002, the Texas Supreme Court issued its opinion in Mid-Century Insurance Company of Texas v. Boyte, a case that arose out of an underinsured motorist claim. The Court addressed the issue of whether the common law and …
June 10, 2002
Texas requires automobile liability insurers and general liability insurers to include language in their policies establishing a “prejudice” requirement before late notice can be used as a defense. For instance, most general liability policies provide that: With regard to Bodily …
April 15, 2002
Although workers’ compensation coverage affords insurance for injuries and disease incurred in the employment relationship, it does not extend to other employment-related claims, such as claims of discrimination or wrongful termination. When these claims arise, insureds are often left with …
February 25, 2002
Questions often arise as to the context and circumstances in which an agent can be liable for misrepresenting coverage, or failing to obtain adequate or appropriate coverage for a customer. When an “all-risk” policy does not cover a loss, is …
January 14, 2002
Many surety bonds are tailored for particular relationships or statutory requirements—one such example is the motor vehicle dealers bond required by Section 503.033 of the Texas Transportation Code. While there are few recent Texas cases discussing fidelity or surety bonds …
December 3, 2001
In the wake of the terrorist attacks on the World Trade Center and the weekly reports of new anthrax scares, businesses are evaluating what coverage would be available to them if their own business is interrupted. Insurers, in turn, are …
November 5, 2001
With its recent ruling in Cortez v. Progressive County Mut. Ins. Co., No. 3-99-00846-CO (Tex. App.—Austin, Sept. 13), the Austin Court of Appeals called into question the scope of the anti-discrimination statute and potentially expanded it significantly. In an opinion …