The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability...more
2/13/2025
/ Appeals ,
Appraisal ,
Bad Faith ,
Breach of Contract ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Pleading Standards ,
Pleadings ,
Property Damage ,
Property Insurance ,
Summary Judgment ,
Tort
In Advanced Indicator & Manufacturing v. Acadia Insurance Company, the Fifth Circuit resolved a thorny split in Texas federal district courts regarding Texas Insurance Code Chapter 542A by returning to a bedrock principle...more
At least five Circuit Courts of Appeal have now come out in favor of insurers in COVID-19 business interruption lawsuits. The latest is the Seventh Circuit Court of Appeals in Sandy Point Dental, P.C. v. Cincinnati Ins. Co.,...more
12/21/2021
/ Business Interruption ,
Business Losses ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
IL Supreme Court ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Policy Exclusions ,
Property Damage ,
Property Insurance
In the continuing saga of what can and cannot be appraised in a property insurance appraisal, the Tenth Circuit, in contrast to many other courts, has ruled appraisers can determine coverage issues....more
Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and...more
8/23/2021
/ Appeals ,
Appraisal Awards ,
Bad Faith ,
Insurance Industry ,
Insurance Litigation ,
Prompt Payment ,
Property Insurance ,
Summary Judgment ,
Travelers Property Casualty Co. ,
TX Supreme Court ,
Underpayment
Policyholders attorneys often try to skip the threshold steps of bringing their client’s claim within coverage and allocating between covered and non-covered causes of loss. Instead, the policyholder attorney would have the...more
Texas policyholders can no longer cut deals with storm repair contractors to pocket their deductibles for storm repairs. The Texas Legislature has amended the Texas Insurance Code and Texas Business & Commerce Code,...more
10/23/2019
/ Construction Project ,
Contract Waiver ,
Contractors ,
Deductibles ,
Goods or Services ,
Insurance Claims ,
Insurance Code ,
Insurance Regulations ,
Policy Terms ,
Property Damage ,
Property Insurance ,
Repairs ,
Severe Weather
Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more
The U.S. Court of Appeals for the Fifth Circuit issued a per curiam opinion in De Jongh v. State Farm Lloyds, 2016 U.S. App. LEXIS 21432 (5th Cir. 2016) that clarified a typical but potentially tricky question involving...more