Two recent Texas opinions have re-opened an issue of public policy. For many years now, the question as to whether punitive damages are covered under general liability policies has been one of much debate. In Texas, much of the debate …
Coverage B, the lesser-known part of the standard commercial general liability policy, provides coverage for personal injury and advertising injury. Coverage is defined by certain enumerated “offenses.” In regard to advertising injury, the offenses include misappropriation of advertising ideas or …
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 …
Coverage for technology torts—”techno-torts” or “cybertorts”—is limited under the standard general liability policy. “Coverage A” of the standard CGL form requires bodily injury or property damage, and may not extend to loss of data, business interruption or other intangible loss. …
One of the Insurance Journal’s roles is to keep insurance professionals updated on key legal issues affecting the insurance industry. Indeed, the Legal Beat Column often focuses on court cases and trends in the law that are interesting or may …
In a flurry of recent cases, Texas courts have tried to clarify various issues regarding election of remedies in the context of workers’ compensation insurance. These issues arise in various circumstances. Two scenarios form the basis for the recent opinions: …
Every claims professional generally understands the need for reserving the carrier’s rights when a claim is made. Every claims handler understands many of the risks that go along with failure to reserve either timely or adequately. But often, in the …
While a number of significant insurance decisions, in Texas and nationwide, have commanded recent attention, there are also some lesser acclaimed opinions worthy of note. In particular, Texas courts continue to grapple with the fortuity doctrine and its application to …
As the end of 2002 nears, it is the time to look back over the past year and to reflect on the major events in this chaotic year. Any consideration of 2002 must consider the tumultuous reaction to the Sept. …
In Texas Farm Bureau Mut. Ins. Co. v. Sears, the Texas Supreme Court addressed what duties an insurance company owes an independent agent when terminating an “at will” relationship. No. 01-0851 (Tex., Aug. 30, 2002). The court looked at whether …
