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Tag: Texas

Home › Posts tagged Texas

Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability

Donnie Mike Apodaca, II Jun 28, 2022 Tagged with bad faith, Extra-contractual, good faith and fair dealing, insurance, Texas, tort

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 …

Texas Supreme Court Axes Policyholder’s Attempt to Expand Insurer Tort Liability Read more →

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

Karl A. Schulz Aug 20, 2021 Tagged with 542, appraisal, award, bad faith, Extra-contractual, extracontractual, insurance, penalty, prompt, Texas

Just a few short years ago, there was a bright line rule under Texas law concerning …

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 Read more →

Texas Supreme Court Crafts “Undisputed Evidence of Collusive Fraud” Exception to Eight-Corners Rule

Alissa Christopher May 6, 2020 Tagged with Collusion, Collusive fraud, Duty to Defend, Eight-corners rule, Exception, Extrinsic evidence, Insurance fraud, Texas, Undisputed evidence

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 …

Texas Supreme Court Crafts “Undisputed Evidence of Collusive Fraud” Exception to Eight-Corners Rule Read more →

From Birdseed to Crop Dusting, Liability-Triggering Event Determines Number of Occurrences

Alissa Christopher Nov 27, 2018 Tagged with cause test, insurance, Liability, number of occurrences, Pincoffs, Texas

Texas applies the “cause” test to determine the number of accidents or occurrences, but its emphasis …

From Birdseed to Crop Dusting, Liability-Triggering Event Determines Number of Occurrences Read more →

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

William Craven Aug 13, 2018 Tagged with bad faith, Duty to Defend, duty to indemnify, Exclusion, Fines, Pollution, Rocks, Texas, Waste

On July 10, 2018, Judge John H. McBryde of the United States District Court for the …

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 Read more →

Avoiding Insurance Bad Faith

Cozen O’Connor represents insurance clients in jurisdictions throughout the U.S. against statutory and common law first- and third-party extracontractual claims for actual and consequential damages, penalties, punitive and exemplary damages, attorneys’ fees and costs, and coverage payments. Whether bad faith claims are addenda to a broader coverage matter or are central to the complaint, Cozen O’Connor attorneys know how to efficiently respond to extracontractual causes of action. More

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