After years of clamoring for relief from expanding workers’ compensation claims, payouts and premiums, Missouri employers are heralding legislative changes that may signal a growing trend by business to curtail runaway insurance costs in the workplace. Missouri Gov. Matt Blunt, …
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 …
Insurance plays an important role in today’s society in protecting individuals and businesses from different risks. A wide variety of policies and products have been developed to cover common, and not so common, risks inherent in today’s business world and …
In the arena of liability coverage, a number of significant, yet unresolved, issues are being considered by the Texas Supreme Court: The insurability of punitive damages is under review; selection of defense counsel is in flux; and the use of …
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, …
Commercial property issues lead to surprisingly few reported opinions. While they may not result in opinions, many disputes arise over policy interpretation, stemming from the description of the insured premises. Under the ISO Building and Personal Property Coverage Form, many …
Property/casualty guaranty funds were created by state statutes beginning in the late 1960s to protect the public against financial losses to policyholders and claimants as a result of property and casualty insurance company insolvencies. Each of the 50 states, plus …
Few areas of insurance law practice are as sensitive as the audit of a defense counsel’s bills or case file. Insurance companies and defense attorneys alike dread these necessary but often divisive processes. Two years ago, I wrote a “Legal …
For years, a debate has existed as to whether, and under what circumstances, an insurer or insured can introduce evidence outside of the policy and pleadings (the “eight corners”) to seek a determination of the duty to defend. Various Texas …
Got your attention, didn’t I? One of those things every Texas insurance professional knows is that Texas is not a direct action state—simply put, an injured third party cannot sue the tortfeasor’s insurance company “directly.” Rather, the third party has …
