Last week, the Texas Supreme Court handed down an opinion that involved the material breach doctrine. The doctrine — adopted twenty years ago in Hernandez v. Gulf Group Lloyds, 875 S.W.2d 691 (Tex. 1994) and subsequently applied in PAJ, Inc. …
Texas Supreme Court Weighs In Again on the Scope of the Material Breach Doctrine Read more »
In a recent decision in the case of Pyramid Technologies, Inc. v. Hartford Casualty Ins. Co., 752 F.3d 807 (9th Cir., May 19, 2014), the Ninth Circuit, relying on California law upheld a grant of summary judgment dismissing the insured’s …
In June 2013, the Governor of Oregon signed into law Senate Bill 814, which created sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated property located in the state. Cozen O’Connor …
Update on 2013 Amendments to the Oregon Environmental Cleanup Assistance Act Read more »
As a matter of first impression, the Supreme Court of West Virginia recently held that coverage opinion letters were protected by the attorney-client privilege even though the insurer subsequently sent correspondence to its insured that included the recommendation of coverage …
The Hawaii Supreme Court in Nautilus Ins. Co. v. Lexington Ins. Co., — P.3d —-, 2014 WL 560805 (2014), answers the following certified questions from the 9th Circuit on “other insurance” provisions and the duty to defend: 1. Whether an …
The Hawaii Supreme Court Answers “Other Insurance” Provisions and the Duty to Defend Read more »
The American Conference Institute is holding the 26th National Advanced Forum on Bad Faith Litigation from November 21st to November 22nd in Miami, Florida. The forum shapes the future of bad faith litigation strategies for leading outside counsel, in-house counsel …
For Texans, the prime hurricane season from August to September is now over. Although there were no big storms this year, claims handlers still need to be attentive to timely adjusting their first party claims. The Texas Prompt Payment of Claims …
Texas Hurricane Season: Statutory Requirements for Handling Claims Read more »
In Lexington Insurance Company v. Jaw The Pointe, LLC, 2013 WL 3968445 (Houston [14th Dist.] August 1, 2013) the dispute arose from Hurricane Ike-related damage to an apartment complex in Galveston, Texas. The property sustained both wind and flood damage. …
The American Conference Institute (ACI), will be holding the 25th National Advanced Forum on Bad Faith Litigation from July 30th to July 31st at the Sheraton Fisherman’s Wharf Hotel in San Francisco, California. The forum shapes the future of bad …
A policyholder’s tort claim for the bad faith refusal to pay a claim was dismissed as a matter of law where a legitimate dispute existed as to coverage liability at the time of the coverage decision by the U.S. District …