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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Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability
In Elephant Insurance Co., LLC v. Kenyon, the Supreme Court of Texas reiterated the framework of …
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California Court of Appeal: Insurers Not Liable Under the California Insurance Frauds Prevention Act
In its recent decision, People ex rel. Ellinger v. Magill, et al., —Cal.Rptr.3d—, No. E076378, 2022 …
Montana: Unambiguous Exclusions Enforced Despite Lack of Table of Contents Required Under Statute
A recent Supreme Court decision, High Country Paving, Inc. v. United Fire & Cas. Co., 2022 …
Eleventh Circuit (Florida): No Bad Faith for Investigating Claim
On February 15, 2022, the United States Court of Appeal for the Eleventh Circuit upheld the …
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New Statute May Spell Trouble for New Jersey Insurers
On January 19, 2022, New Jersey Governor Phil Murphy signed S.B. 1559, known as the “New …
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Fifth Circuit Weighs in on Aftermath of Texas Supreme Court’s Decisions Affecting Insurers’ Pre-Appraisal Award Payments and Damages under the Texas Prompt Payment of Claims Act
Just a few short years ago, there was a bright line rule under Texas law concerning …
Fifth Circuit Finds Potential Coverage for Data Breach; Interprets “Publication” Broadly
Using general contract interpretation principles, the Fifth Circuit reversed summary judgment in favor of an insurer …
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Iowa Supreme Court Rejects Restaurant’s Allegations of Bad Faith and Breach of Contract After Appraisal
The Iowa Supreme Court recently reversed the appellate court’s denial of an insurer’s motion for a …
Lack of Notice No Excuse for Failure to Settle
An insurer can no longer claim its lack of notice of a lawsuit against its insured …