Tag Archives: Texas

When Notice of Claim Is a Condition Precedent a Default Judgment May Not Help

Notice of claim or suit requirements in insurance policies are often viewed as a condition precedent to coverage.  If the insured’s carrier is not given notice of the claim in a timely manner, the insurer may have no obligation to defend or indemnify the insured.  But what happens if a claimant sues an insured defendant … Continue Reading

Hurricane Harvey: Anticipating a Flood of Claims and Litigation

The aftermath of Hurricane Harvey will include a surge in insurance claims by homeowners and commercial entities.  Property and casualty insurers should be aware of a Texas insurance reform law relating to claims dispute litigation and recent directives issued by the Texas Department of Insurance. INITIATING CLAIMS DISPUTE LITIGATION – TEXAS HOUSE BILL 1774 House … Continue Reading

Texas Supreme Court Rules On An Insurer’s Duty to Defend EPA Proceedings

In McGinnes Indus. Main’t Corp. v. The Phoenix Ins. Co. (Case No. 14-0465), the Texas Supreme Court by a 5-4 vote joined the majority of other courts to have considered the issue and  answered in the affirmative a question certified to it by the Fifth Circuit Court of Appeals: Whether the EPA’s PRP letters and/or unilateral … Continue Reading
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