New mold, even if it “ensues” from an old leak, may be covered. Whether mold is ever covered under a homeowners policy—outside of the promulgated mold endorsements—is still a hotly debated issue. Although the mold crisis in Texas may have …
Almost two years ago, I wrote a column for “Legal Beat” entitled It Couldn’t Be Done: The Policyholder’s Idea to Reinvigorate Third Party Bad Faith. The article outlined the attempts by a very clever Dallas policyholder attorney and his colleagues …
There is a way to give your client some idea of the potential liability risk that he or she is taking on. A firestorm destroys a subdivision. A neighbor’s child accidentally drowns in an uncovered swimming pool. A family’s breadwinner …
Since 1986, Texas has recognized an innocent insured exception to otherwise non-covered claims. The innocent insured doctrine usually involves arson or other intentional destruction of property by one insured and a claim for coverage by another insured—often the “innocent spouse”—who …
The distinction between an agent and broker has had increased significance in California following Proposition 103 as brokers may charge broker fees and agents may not. Producers rely heavily on broker fee income due to declining commissions on certain property …
At year end it is a common practice for many insurance attorneys to peek at the likely new issues for the forthcoming year. Not surprisingly, most of the really big issues that arise in any given year are not the …
There is a great deal of discussion about the role of insurance agents and brokers in procuring coverage, receiving or providing notice of claims, and accepting premiums. Typically, these discussions, and the accompanying body of case law, address whether the …
The notice condition in general liability policies requires that the insured provide the insurer with timely notice of any potential occurrence and the receipt of suit papers. Failure to give proper notice of either of these events constitutes “late notice” …
Through its history in Texas jurisprudence, the Stowers doctrine, which creates excess liability for insurers based upon rejection of the settlement demand within limits, has shifted between a restricted concept and a broad base for miscellaneous insurer conduct in defense …
A while back I was discussing with a colleague whether a carrier has a duty to prosecute an appeal on behalf of its insured. My initial thought was that upon the resolution of the underlying matter by a trial verdict …
