Legal Beat

What does a ‘Valued Policy’ cover in Louisiana and Mississippi?

In general, “Valued Policy” statutes require an insurer to ascertain the value of the property being insured at the time a policy is written and to pay that value to the insured when there is a total loss. As is …

Playing with airplanes and other exceptions to the ‘eight corners’ rule

While attempting to weigh it, the insured tipped the plane on its nose, pinning the friend under the propeller and injuring him. The aircraft exclusion of the homeowner’s policy-an infrequent backdrop to insurance disputes-forms the basis of an opinion that …

A House Divided: Independent Counsel After Frank’s Casing

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 …

At the same time, the defense lawyer owes complete loyalty to the insured/defendant. The carrier is paying the bill, but

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 …

Hurricanes Katrina and Rita: Exposing Settled (?) Insurance Coverage Issues

After any natural disaster, people who suffered property damage eventually look for sources of money to repair their damage and/or replace their loss with insurance being the first source for those with policies. In this respect, the reaction to the …

Livestock and Equine Mortality: A Texas Niche and a Late Notice Trap

Insureds under livestock and equine policies need to be familiar with the policy conditions and strictly comply with the policy conditions. Texas has been the source of much of the law, nationally, in regard to construction of livestock and equine …

Two to Watch

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 …

Oilfield Anti-Indemnity Acts and Their Impact on Insurance Coverage

In the oilfield, operators typically enter into Master Service Agreements with various contractors who supply services and materials needed in connection with the many and varied oilfield operations. The MSAs usually require the contractor to indemnify the operator against any …

Oilfield Anti-Indemnity Acts and Their Impact on Insurance Coverage: A Comparative Analysis

In the oilfield, operators typically enter into Master Service Agreements with various contractors who supply services and materials needed in connection with the many and varied oilfield operations. The Master Service Agreements usually require the contractor to indemnify the operator …

An Insurer’s Right to Reimbursement: Frank’s Casing

Insurers have long sought the right of reimbursement in Texas and, in the right circumstances, the court’s opinion will provide a valuable tool. The most significant Texas insurance case this year is the Texas Supreme Court’s recent opinion in Excess …

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