News & Analysis as of

Insurance Claims Property Insurance Texas

Zelle  LLP

When Failure To Satisfy Insured Duty Is Fatal To Texas Claims

Zelle LLP on

Virtually every insurance policy contains specific duties required of an insured in the event of loss. Typically, an insured's duties, which may be modified by endorsement, include claim reporting or claim notice...more

Zelle  LLP

Court Grants Insurer’s Motion for Summary Judgment on Nearly All of Insureds’ Causes of Action

Zelle LLP on

Schnatzmeyer v. State Farm Ins. Co., No. 3:23-CV-02820-K, 2025 WL 1697505, at *1 (N.D. Tex. June 17, 2025). In a case involving two overlapping freeze claims—and a substantial array of legal issues affecting insurers in...more

Zelle  LLP

When Coverage Disagreements Are Justified: The Bona Fide Dispute Doctrine in Action

Zelle LLP on

In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement...more

Zelle  LLP

Court Analyzes “Forces of Nature” in Applying Section 542A of the Texas Insurance Code

Zelle LLP on

Recently, the United States District Court for the Northern District of Texas, Dallas Division, rejected an insured’s attempt to reframe its claim from a “forces of nature” claim and enforced Section 542A.006 of the Texas...more

Zelle  LLP

Any is Not All and The Future is Not Now: The Contours of the Cosmetic Damage Exclusion Taking Shape

Zelle LLP on

In Iyengar v. Liberty Insurance Corporation, No. SA-21-CV-1091-FB, 2024 WL 5505300 (W.D. Tex. Dec. 13, 2024), District Judge Biery denied Plaintiffs’ Motion for Clarification regarding Magistrate Judge Bemporad’s...more

Zelle  LLP

The Zelle Lonestar Lowdown Issue 21 - January 2025

Zelle LLP on

Welcome to the first 2025 edition of the Zelle Lonestar Lowdown! Our theme this year is Collaboration. We recognize that we are not an island in this industry and our clients, and ultimately the property owners, best benefit...more

Zelle  LLP

Cade v. State Farm Lloyds — Insured's Failure to Comply with Policy Conditions Bars Personal Property Claims

Zelle LLP on

In PAJ, Inc. v. Hanover Ins. Co., the Texas Supreme Court set forth the “notice-prejudice rule,” which states that unless an insurer was prejudiced by an insured’s delay in giving timely notice of its claim or suit, an...more

Zelle  LLP

Chapter 542 Interest and Tolling During Periods of Delay Caused by the Policyholder

Zelle LLP on

The Texas Prompt Payment of Claims Act (“TPPCA”), codified in Chapter 542 of the Texas Insurance Code, contains deadlines relating to payment of claims. The TPPCA allows for an insured to recover actual damages, penalty...more

Zelle  LLP

Holding an Insured to its Burden to Support its Claim: Texas’ Concurrent Causation Doctrine

Zelle LLP on

For Presentation at the 20th Annual Advanced Insurance Law Course, June 1-2, 2023, Hyatt Regency Hill Country Resort, San Antonio, Texas - No Texas insurance practitioner disputes that an insured may only recover for...more

Pillsbury Winthrop Shaw Pittman LLP

Texas Winter Storms: Evaluating Business Interruption Claims Following a Large-Scale Disaster

Responding to the Texas Winter Storm Crisis: Issue 2—Winter storms and wide-area events like the one that recently devastated Texas leave behind challenging questions about business interruption insurance coverage. ...more

K&L Gates LLP

Severe Winter Storm In Texas: Insurance Coverage Considerations

K&L Gates LLP on

The winter storm that ravaged Texas this week has caused considerable damage and suffering, and it is predicted by some that it will to lead to the largest number of insurance claims resulting from a single event. For a state...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide