The current financial crisis affects almost every aspect of our business life. That includes insurance. Businesses need to be wise consumers and aware of the legal issues covered by their coverages. Let’s take a look at a few of these …
Fiduciary liability typically involves an employee suing an employer for not offering employee options for investing in a 401K plan, and the law weighs heavily in favor of the employee in these cases. The current financial crisis affects almost every …
Fiduciary liability typically involves an employee suing an employer for not offering employee options for investing in a 401K plan, and the law weighs heavily in favor of the employee in these cases. The current financial crisis affects almost every …
Recent Insurance Decisions of the Texas Supreme Court On Aug. 29, 2008, the Texas Supreme Court continued its recent foray into insurance law by issuing three important insurance coverage decisions. Each of these decisions merits consideration and will likely dramatically …
After years of avoiding key insurance issues, the Texas Supreme Court began issuing opinion after opinion on fundamental insurance principles in late 2007. Lamar Homes, Frank’s Casing and other important decisions appeared with an uncanny frequency. Recent “Legal Beat” columns …
Since last August, the Texas Supreme Court has issued a half dozen major insurance cases, many on issues pending for years. The Court recently heard argument in key cases involving the insurability of punitive damages in general liability policies and …
For many years now, the Texas Supreme Court has been generally evenhanded in its dealings with insurance coverage issues. In most instances, it has carefully and reasonably construed language of policy terms without stretching the boundaries of credulity simply to …
One of the hallmarks of Texas insurance law is that Texas, unlike Louisiana and a handful of other states, is not a “direct-action” state. This simply means that a third-party claimant/plaintiff cannot bring a lawsuit against the insurance company of …
Every five years or so, the Texas Supreme Court issues an opinion that makes insurance companies and coverage lawyers rethink basic principles of claims handling, strategy or policy interpretation. In recent years we have had Merchants Fast Motorlines set out …
A look at policy buyback settlements Over the last decade, I have participated in the drafting of dozens of settlement agreements between carriers and insureds commonly called “buybacks of insurance” or simply “buybacks.” These settlements usually take place where there …
