Legal Beat

Under new rules, bytes of electronically stored info could have big bite

Insurance agents want to avoid litigation, but it is not always possible. When they become involved in litigation in federal court, it is important for agents and their attorneys to understand the new Federal Rules of Civil Procedure governing electronically …

Slip slidin’ away: The deterioration of the late notice defense

Through a series of opinions, courts seem to be gradually chipping away at insurer’s policy defenses based on late notice of claim or suit, or failure to forward suit papers. The new trend started when the Supreme Court held that …

New rules mean bytes of electronically stored info could have big bite

Insurance agents want to avoid litigation, but it is not always possible. When agents become involved in litigation in federal court, it is important for agents and their attorneys to understand the new Federal Rules of Civil Procedure governing electronically …

New rules mean bytes of electronically stored info could have big bite

Insurance agents want to avoid litigation, but it is not always possible. When agents become involved in litigation in federal court, it is important for agents and their attorneys to understand the new Federal Rules of Civil Procedure governing electronically …

New rules mean bytes of electronically stored info could have big bite

Insurance agents want to avoid litigation, but it is not always possible. When agents become involved in litigation in federal court, it is important for agents and their attorneys to understand the new Federal Rules of Civil Procedure governing electronically …

In buying back, what did I buy?

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 are a number of claims for …

Burden of proof to determine insurance coverage in ‘slab’ case

When asked to determine coverage under an insurance policy, courts frequently recite the principle that the insured has the burden of proving coverage under the policy and the insurer has the burden of proving exclusions from coverage. For the majority …

Burden of proof to determine insurance coverage in ‘slab’ case

When asked to determine coverage under an insurance policy, courts frequently recite the principle that the insured has the burden of proving coverage under the policy and the insurer has the burden of proving exclusions from coverage. For the majority …

Fiess: Texas Supreme Court speaks

Despite the mandate of new mold endorsements and adoption of new forms, there has been a great deal of continuing litigation in Texas under the Homeowners B form as to when mold is covered. The focus has been on the …

Fiess: Texas Supreme Court speaks

Despite the mandate of new mold endorsements and adoption of new forms, there has been a great deal of continuing litigation in Texas under the Homeowners B form as to when mold is covered. The focus has been on the …

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