Questions often arise as to the context and circumstances in which an agent can be liable for misrepresenting coverage, or failing to obtain adequate or appropriate coverage for a customer. When an “all-risk” policy does not cover a loss, is …
The Setting Throughout the 1980’s and early 1990’s, the risk of bad faith liability was a major factor in evaluating third party claims for coverage. Ever increasing jury verdicts led to many inflated settlements of marginal claims. Indeed, the fear …
Many surety bonds are tailored for particular relationships or statutory requirements—one such example is the motor vehicle dealers bond required by Section 503.033 of the Texas Transportation Code. While there are few recent Texas cases discussing fidelity or surety bonds …
In the wake of the terrorist attacks on the World Trade Center and the weekly reports of new anthrax scares, businesses are evaluating what coverage would be available to them if their own business is interrupted. Insurers, in turn, are …
With its recent ruling in Cortez v. Progressive County Mut. Ins. Co., No. 3-99-00846-CO (Tex. App.—Austin, Sept. 13), the Austin Court of Appeals called into question the scope of the anti-discrimination statute and potentially expanded it significantly. In an opinion …
The destruction of the World Trade Center on Sept. 11, was a disaster from a variety of points of view. President Bush is right: it was the embodiment of evil, as are most terrorist attacks on civilians. It is also …
While general liability policies protect business owners from the common risks of premises and operations exposures, professional liability is typically not covered under a general liability policy. Instead, professional liability is the subject of errors and omissions or professional liability …
Texas has a statute, section 21.02 of the Insurance Code, which makes insurance intermediaries the legal agents of carriers for many purposes. Lots of people believe producers are always the agents of insurers with respect to insureds for all purposes. …
The typical CGL policy provides coverage for damage resulting from an “occurrence,” but includes a number of exclusions which limit coverage for an insured’s own work. Exceptions are provided, however, when their work causes damage to other property, or, in …
Insurance intermediaries—agents, brokers, and the like—do all sorts of things for their customers and clients. They help them select coverages. They help select insurers. They shop for price. They prepare applications. They help explain the meaning of insurance policies. They …
