Under Texas Law, No Tender Means No Obligation To Defend
The United States Court of Appeals for the Fifth Circuit recently affirmed a long-standing Texas rule: …
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Author: William Craven
Texas Supreme Court Crafts “Undisputed Evidence of Collusive Fraud” Exception to Eight-Corners Rule
In Texas, and as a general rule, only the four corners of the policy and the …
Fort Worth Court of Appeal Reverses Judgment Awarding Bad Faith Damages Against Insurer
While the November 8, 2018 Court of Appeal of Texas, Fort Worth Division opinion reverses a …
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Crypto Covered Under Homeowner’s Policy? Ohio Trial Court Holds Coverage and Bad Faith Claims for Bitcoin Theft Survive Motion for Judgment on the Pleadings
From the high market cap Bitcoin, Ether, Ripple, and Litecoin, to the quirky Fonziecoin, Selfiecoin, Pizzacoin, …
Texas Federal Court Holds Rock Dust Discharged into Stream is Excluded “Pollutant,” so Insurer Owed No Duty to Defend or Indemnify, and Committed No Bad Faith
On July 10, 2018, Judge John H. McBryde of the United States District Court for the …
Illinois Appellate Court Holds Insurer Owed Coverage in Fatal Chicago Gang Shooting Lawsuit, but Insurer Did Not Commit Bad Faith in Denying Claim
On March 1, 2018, an Illinois appellate court held an insurer breached its duties to defend …
Pennsylvania Federal District Court: Insurer’s Reliance on “Reasonable” Interpretation of Law Does Not Automatically Bar Bad Faith
On March 13, 2017, the United States District Court, Eastern District of Pennsylvania, rejected the argument …
South Carolina Federal District Court: Insurer May Act in Bad Faith by Considering Extrinsic Evidence to Deny Duty to Defend
On February 6, 2017, the United States District Court, District of South Carolina, found a genuine …
“Succeeds to the Interests of” Does Not Require Assumption of Obligations: D&O Policy’s Insured v. Insured Exclusion Applies to Claim Assigned to Fidelity Insurer; No Bad Faith
On February 24, 2017, the Texas Supreme Court reinstated a state trial court ruling that an …