In early 2005, the Federal Fifth Circuit Court of Appeals “certified” a very controversial state law question to the Texas Supreme Court. Certifying a question simply means that the Federal Appellate Court asks the state’s highest court to tell it …
As an insurance coverage lawyer, I have always found that one of my natural allies is the insurance defense lawyer handling the underlying case. While I represent the insurance company in a capacity that is potentially adverse to the insured/defendant, …
Sometimes law practice reminds me of floating on a surfboard out in the bay. You watch and wait, and the waves come rolling in, always in groups, and you are watching for the one perfect wave. Legal issues seem to …
If a house is divided against itself, that house will not be able to stand.” “No man can serve two masters.” These two maxims underlie a central tenet of the attorney/client relationship: The client is the master and the attorney …
The old saying goes, “No man’s life, liberty or property are safe while the legislature is in session.” We can all breathe easier and let the children out of the house, now that the Texas Legislature is finally out of …
The newspapers say that a new era in Texas asbestos and silica litigation began on May 19, 2005, when Gov. Rick Perry signed the comprehensive reform legislation, referred to as Senate Bill 15, already approved by the Texas House and …
A Day of Confusion at the Fifth Circuit One of the black letter principles of insurance law in Texas is the requirement of prejudice to support a carrier’s claim of late notice under an automotive or general liability policy. The …
It bears repeating that one of the thorniest issues that an insurance adjuster faces is deciding when to bring an affirmative declaratory judgment action. No carrier enjoys suing its insured. In my last column, I discussed several of the strategic …
One of the thorniest issues that an insurance adjuster may face is deciding to bring an affirmative declaratory judgment action following a denial of coverage or a decision to defend under a reservation of rights. The rules governing the declaratory …
Some things never change. Just last August in this column I wrote about important developments in the decade-long Texas debate over the insurability of punitive damages in, “Punishing Who? The Debate Over Insuring Punitive Damages,” Insurance Journal-Texas/South Central, Aug. 18, …
