Articles by Brian S. Martin

Deconstructing Texas Insurance Law: Ewing Confirms Court’s Shift

On Jan. 17, 2014, the Texas Supreme Court in Ewing Construction Company v. Amerisure Insurance Co. issued another surprising and controversial decision in a construction defect coverage case. For many years the Texas Supreme Courts had largely been a model …

Deconstructing Texas Insurance Law: Ewing Confirms Court’s Shift

On Jan. 17, 2014, the Texas Supreme Court in Ewing Construction Company v. Amerisure Insurance Co. issued another surprising and controversial decision in a construction defect coverage case. For many years the Texas Supreme Courts had largely been a model …

Deciphering the Texas Supreme Court’s Decision in Lennar v. Markel

When the Texas Supreme Court decides to look at controversial insurance coverage issues, you can assume that their decisions will never be boring. Such was the case in its Aug. 23 decision in Lennar Corp. v. Markel American Insurance Co. …

Deciphering the Texas Supreme Court’s Decision in Lennar v. Markel

When the Texas Supreme Court decides to look at controversial insurance coverage issues, you can assume that their decisions will never be boring. Such was the case in its Aug. 23 decision in Lennar Corp. v. Markel American Insurance Co. …

Making the Most of Mediation

More litigation is resolved by mediation than by jury trials. Because of this, it is very important that insurance professionals understand the mediation process and learn how to make it effective. William Moye, an insurance defense attorney and a partner …

Making the Most of Mediation, Part 2

Editor’s note: The following is the second of a two-part series on successful mediation practices. The first part appeared in the June 3, 2013, edition of Insurance Journal – South Central. More litigation is resolved by mediation than by jury …

Making the Most of Mediation, Part 1

Editor’s note: The following is the first of a two-part series on successful mediation practices. This segment covers preparation for mediation. More litigation is resolved by mediation than by jury trials. Because of this, it is very important that insurance …

Appraisals, Breach of Contract and Bad Faith: Is There a Connection?

One of the axioms of Texas bad faith law has always been that there is no bad faith where a carrier has not breached its duties to the insured. If you act reasonably and make a mistake, it is not …

Appraisals, Breach of Contract and Bad Faith: Is There a Connection?

One of the axioms of Texas bad faith law has always been that there is no bad faith where a carrier has not breached its duties to the insured. If you act reasonably and make a mistake, it is not …

Texas Supreme Court Takes Up Contractual Liability Issue, Again

One of the most fascinating aspects of writing about insurance litigation is that often issues that we discuss seem to be “finally” decided, only to reappear again. For instance, previously for Insurance Journal we discussed a landmark case involving the …