Articles by Beth D. Bradley

King v. Dallas Fire: Occurrence From Another Angle

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. …

Webs for the Unwary: The Perils of Internet Marketing

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 …

How Many Bites at Bad Faith

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 …

How Many Bites at Bad Faith

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 …

Late Notice May Insure Responsibility for Pre-Tender Defense Costs

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 …

Discrimination and Wrongful Termination

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 …

Caught in the Middle: When Agent Representations Lead to Liability

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 …

Automobile Dealer Surety Bonds: What Constitutes A Breach of Condition’

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 …

Basics of Business Interruption Insurance

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 …

Court of Appeals Expands Scope of Discrimination Statute

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 …