A comparison of today’s business landscape to that of 15 years ago, reveals even to the most casual observer that many of the past’s most formidable industries no longer exist today. Video rental stores, photo developing...more
You may have heard of the Enneagram in passing or at dinner parties, and growing interest may be considered by some to be a fad, or a parlor-game, similar to interpreting astrological signs, or business-focused personality...more
2017 was a busy year for insurance practitioners, legislators and jurists. The year brought a number of long-awaited Texas Supreme Court opinions, ranging from a case of simple contract construction to a lengthy opinion...more
As bands of heavy rain from Hurricane Harvey move toward southwest Louisiana, damage from wind, rain and flooding is likely to affect the already storm-weary Pelican State. Anticipated damage is expected to fall into three...more
We have issued several posts and comments regarding misinformation that has been distributed concerning HB1774 and the new Texas Insurance Code provisions that go into effect on September 1st. Unfortunately, more...more
Over the past 20 years, the number of jury trials has been on a dramatic decline. In fact, the percentage of federal civil cases currently disposed of by a judgment at trial is less than 1 percent, with similar statistics for...more
On Feb. 1, 2017, the Texas Department of Insurance published the results of its presentation to the Texas Legislature titled: “Interim Charges: The Cost of Weather-Related Property Claims and Related Litigation.” Notably, the...more
Time Magazine recently listed the legal profession as one of the five worst high-paying jobs in the country. "Lawyers turn to drugs and alcohol because their jobs suck. ... With those fat paychecks come long hours,...more
Kericho, Kenya is said to be the most hail-prone place in the world and has up to fifty days of hail each year. Kericho is close to the equator and at an elevation of 7,200 feet, which contributes to it being a hot spot for...more
Approximately 20 percent of the general population experiences an anxiety disorder at least once in their lifetime. Law students and lawyers, however, report to struggle with anxiety at twice that rate. “The official number...more
Storms that produce large hailstones (greater than 2cm in diameter) occur often in Australia, most commonly in New South Wales and the Australian Capital Territory.
Losses from severe convective storms (tornadoes, hail,...more
The role of a lawyer in a democratic society is significant in that lawyers ensure that the democracy is functional and its citizens enjoy fundamental human rights. Acting as advocates and advisers, lawyers also play an...more
Hailstorms have been occurring for centuries across the globe. However, some regions of the world, particularly southern China, seem more prone to these destructive storms. High-impact weather (HIW) is defined as weather that...more
In a recent opinion, U.S. District Judge Sidney Fitzwater delivered the final blow to One Way Investments Inc. in its hail damage lawsuit against property insurer Century Surety Company — granting summary judgment in favor of...more
The United States experiences a large number of hail events, but hail can occur anywhere in the world – especially in areas near mountainous terrain. Western China and northern India experience hail quite frequently, as do...more
The first wireless radio equipment was used aboard Lightship 70 in 1899. Over the next 115 years, the use of technology in the maritime domain has driven rapid change in the United States Coast Guard’s operating environment —...more
On Dec. 26, 2015, 12 confirmed tornadoes struck the North Texas area, killing 13 people.[1] Property damage resulting from the tornadoes is currently estimated at $1.2 billion.
According to the National Oceanic and...more
The term “bad faith” is commonly understood as a breach of the implied duty of good faith and fair dealing recognized in insurance contracts due to the “special relationship” between an insured and an insurer. Breach of this...more
In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more
Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more
There will be no more fishing in Texas in unrelated claim files. The Supreme Court of Texas has summarily ended any debate as to whether discovery of an insurer’s claim files for other policyholders is permissible — it is...more
With cases of Ebola now in the U.S., concerns have been raised as to the safety of public places visited by a person infected with the virus. Despite assurances from health officials that it is nearly impossible to contract...more
Texas is the second largest surplus lines insurance market in the United States, collecting over $4 billion in premiums annually. Surplus lines insurance is important as it can provide insurance to those whose needs are not...more
In most insurance coverage disputes, the parties arrive at mediation fully aware of the other side’s position. An insured makes its position known when it submits the claim or during the claim adjustment, and an insurer...more
Does a party waive its right to demand appraisal if it states in open court, “We don’t like appraisal,” simultaneously opposes a motion to compel appraisal in a companion case with nearly identical facts, attempts a...more