Two recent decisions about discovery in the uninsured/underinsured motorist (“UM/UIM”) context are important to note. The Texas Supreme Court’s decision in In re USAA General Indemnity Co., 624 S.W.3d 782 (Tex. 2021) severely limits the availability and scope of
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The Texas Construction Anti-Indemnity Act – Some Guidance from the Texas Supreme Court
The Texas Construction Anti-Indemnity Act (“AIA”) generally voids provisions in construction contracts, entered into after January 1, 2012, that impose indemnity obligations and obligations to secure additional insured coverage for the additional insured/indemnitee’s own negligence or fault. Tex. Ins. Code §§…
Summary Judgment Upheld Based on Material Misrepresentation in Application – A Rescission Success Story for Insurers
By Tara Mireur
I was at the Advanced Insurance Law CLE meeting a few years back and a speaker took the podium to discuss rescission of insurance contracts. Before he gave his presentation about the current state of the law, he first asked…
Severance makes the appellate court’s heart grow fonder.
By Sheila Tan
A recent Thirteenth Court of Appeals opinion reminds us of when it is appropriate to seek a severance and abatement of extracontractual claims from a contract claim for policy benefits, while also clarifying the scope of permissible discovery in such…
Eight (Corners) May Not Be Enough After All
The Texas Supreme Court recently ruled that the “eight corners” rule, under which the duty to defend is assessed, permits consideration of evidence extrinsic to the allegations of the pleadings. Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp.,…
Austin Court Reiterates “Texas Two-Step” in UM/UIM Cases: Severance of Declaratory and Extra-Contractual Claims Required
In an Opinion by Chief Justice Darlene Byrne, the Austin Court of Appeals recently granted mandamus requiring severance in an underinsured (“UIM”) case against Allstate after a parking lot collision. See Cause No. 03-21-00515-CV, In re Allstate Fire and Cas.
New Year! New Us!
Press Release – Sheila S. Tan Named Partner at Hanna & Plaut, LLP
Austin, TX: Hanna & Plaut, LLP, an insurance coverage boutique firm based in Austin and representing insurance carrier clients throughout the state of Texas since 1998, is…
Texas Supreme Court Refuses to Apply a Counteraffidavit Death Penalty Trap
By Erin Holmes
On May 7, 2021, the Texas Supreme Court issued an opinion in In re Allstate Indemnity Co., ruling that a party’s failure to comply with the requirements of Section 18.001 of the Texas Civil Practice and Remedies Code for…
Texas Supreme Court Holds Attorneys’ Fees May Be Recovered in UM/UIM Cases
In a long-awaited decision, the Texas Supreme Court decided Cause No. 19-0885, Allstate Insurance Co. v. Daniel Irwin (Tex. May 21, 2021) and the hotly-contested issue of whether attorneys’ fees are available in UM/UIM cases. In a 5-4 decision authored…
Fifth Circuit Certifies Eight Corners Exception to Texas Supreme Court
Making the call on the duty to defend a case in which the pleadings are silent on a key coverage question – such as the date damage occurred – is problematic for courts, carriers, coverage attorneys, and policyholders alike. The…