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
Hanna Plaut Blog
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No Safe Harbor: Hinojos Holds “Late Payment” Penalties Apply Despite Insurer’s Timely Payment of an Appraisal Award
On March 19, 2021, the Texas Supreme Court issued a 7-2 decision and Opinion by Justice Jane Bland holding there is no appraisal payment safe harbor from Chapter 542 late payment liability for insurers that timely pay appraisal awards after…
Doctors as Responsible Third Parties? Take two aspirin and check the CPRC.
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…
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…