So you want to designate a doctor as a Responsible Third Party? Can you do it?
Yes. Texas Civil Practice and Remedies Code Section 33.003 allows a jury to consider the proportionate responsibility of all claimants, defendants, and responsible third
Latest from Hanna & Plaut, L.L.P. - Page 2
In Re State Farm Requires Resolution of the “Car Crash” Case Before Consideration of any “Bad Faith” Claims
On March 19, 2021, the Texas Supreme Court issued an Opinion by Justice Blacklock reaffirming the continuing importance of its Brainard decision in the uninsured/underinsured (“UM/UIM”) motorist context. See In re State Farm Mutual Auto Ins. Co. et al. Without…
Appellate Victory!
Hats off to Eric Peabody and David Plaut for their recent win in the Amarillo Court of Appeals in Cause No. 07-20-00300-CV, Ferrer v. Almanza (March 16, 2021). The appeal involved a statute of limitations issue and a summary judgment…
Talking about Covid-19 and the car wash: Agent was improperly joined and virus exclusion applied to bar business interruption coverage.
By Sheila Tan
The joinder of an insurance adjuster or agent as a defendant, in a case against an insurance carrier, is a commonly used strategy to defeat diversity. Many attorneys for insurance practitioners have found that challenging joinders of insurance agents and…
Salmonella Streak Affecting Hundreds Deemed Single Occurrence
Patrons of the Pasha Mediterranean Grill in San Antonio had to stomach an unsavory outcome in their bid to obtain multiple occurrence limits in Travelers Cas. Ins. Co. of Am. v. Mediterranean Grill & Kabob Inc., 2020 WL 6536163…
Speaking Engagement Alert
Catherine Hanna will be joining a panel discussion on Mediating Insurance Coverage Claims on Tuesday, January 26, 2021. A panel of mediators and insurance coverage attorneys on both sides of the docket will have a free-ranging discussion about the unique…
Texas Supreme Court Hears Oral Argument on Allstate v. Irwin
The Texas Supreme Court heard oral argument on Thursday, January 7, 2021 in Allstate v. Irwin, an underinsured motorist case out of San Antonio addressing the availability of attorneys’ fees in such cases. Plaintiff Daniel Irwin sued Allstate seeking…
Thanksgiving 2020: In which we discuss the many reasons we have to be thankful, including but not limited to Dolly Parton!
As we approach Thanksgiving this year, I know it will be different for many of us. There will be empty chairs at the Thanksgiving table, whether because of friends and loved ones we have lost this past year or because…
Chapter 18.001 Affidavits: More Flexible Than You Might Imagine!
Section 18.001 et seq. of the Texas Civil Practice & Remedies Code was enacted to allow for a prima facie showing of the necessity and reasonableness of services by affidavit rather than expert testimony. This evidentiary procedural rule provided plaintiffs…
Western District’s New Emergency COVID-19 Order Cancels Trials Through November 30th with One Big Exception
Chief Judge Orlando Garcia has issued a new emergency COVID-19 Order, dated October 14, 2020. The new Order continues all civil and criminal trials through November 30, 2020. Order at ¶1. The Order indicates these trials are being continued,…