Karl Schulz

Cozen O'Connor

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Latest Posts › Appellate Courts

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Fifth Circuit Holds That Sales Tax is Not a Component of Actual Cash Value

Ending a putative class action, the United States Court of Appeals for the Fifth Circuit examined policy language and two statutes to hold that an insurer does not owe sales tax on top of an actual cash value payment. The...more

7/30/2024 / Appellate Courts , Cash Value , Class Action , Fair Market Value , Insurance Claims , Insurance Industry , Insurance Litigation , Property Damage , Sales Tax , Stolen Goods

Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant

COVID-19 business interruption claimants have had few state appellate court decisions upon which to rely. Louisiana produced one such decision in Cajun Conti, LLC v. Certain Underwriters at Lloyd’s, 2022 La. App. LEXIS 939...more

3/28/2023 / Appellate Courts , Business Interruption , Commercial Insurance Policies , Coronavirus/COVID-19 , Insurance Claims , Insurance Industry , LA Supreme Court , Loss of Use , Property Damage , Restoration Terms

Texas Court of Appeals Nixes Plaintiff’s Attorney’s Fees Award Because Offsets Preclude Prevailing Party Status

The First Court of Appeals in Houston affirmed an analysis that involved math and application of the Texas Insurance Code. In Jones v. Allstate Vehicle & Property Insurance Company, 2022 Tex. App. LEXIS 8896 (Tex....more

12/12/2022 / Appellate Courts , Attorney's Fees , Breach of Contract , Defense Costs , Insurance Claims , Insurance Industry , Insurance Litigation , Unfair Dealing

Texas Court of Appeals Adds Confusion to Post-Appraisal Litigation Under the TPPCA

Ever since the Texas Supreme Court changed the landscape of Texas law regarding appraisal in Barbara Technologies Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex....more

8/31/2022 / Appellate Courts , Appraisal Awards , Attorney's Fees , Insurance Code , Insurance Litigation , Settlement Agreements , State and Local Government , Texas , TX Supreme Court

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