Texas law requires an insurer to defend the grandparents of a 10-year-old boy who was killed while driving their all-terrain vehicle against a negligence lawsuit, even though the carrier says neither the boy nor the crash was covered by its …
State law prevails in disputes between insurers and an air ambulance service over reimbursements under the Texas workers’ compensation system, the state’s highest court recently ruled. In Texas Mutual Insurance Co., et al, v. PHI Air Medical Inc., the Texas …
An insurer’s payment of the appraisal value after disputing a claim does not establish that it was liable, nor does that payment prevent a policyholder from pursuing penalties under the Prompt Payment of Claims Act, a split Texas Supreme Court …
The family of a Fort Worth man who died after they say officers needlessly choked, kicked and shot with a stun gun during a 2013 drug raid can proceed with a wrongful death lawsuit against two officers and the city, …
The Texas Supreme Court in late May ruled that a party to an insurance contract that mandates arbitration of disputes is not required to enter arbitration in a dispute against another party that is not a signatory to the contract. …
The Texas Supreme Court has disagreed with the decision of a lower court to exclude, without having watched it, a company’s surveillance video of an injured employee in a workers’ compensation case. Because it found the lower court erred in …
The Texas Supreme Court has refused to block a sex and race discrimination lawsuit filed against the University of Texas by former women’s track coach Bev Kearney, who was forced out after the school learned of a romantic relationship with …
The Texas Supreme Court recently ruled in favor of an insurer in a case that hinged on the applicability of an insured-v.-insured exclusion in the carrier’s directors and officers (D&O) liability policy. The Court’s action reversed the ruling in Great …
Are loss-of-use damages, such as lost profits, allowed in Texas when an insured has recovered fair market value on a commercial vehicle that is deemed a total loss after an accident? The Texas Supreme Court thinks so, despite an insurer’s …
On Jan. 17, 2014, the Texas Supreme Court in Ewing Construction Company v. Amerisure Insurance Co. issued another surprising and controversial decision in a construction defect coverage case. For many years the Texas Supreme Courts had largely been a model …
