Insurance Law Section
Recent Insurance Law Decisions
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Jerry C. Johnson v. State Farm Mut. Auto. Ins. Co.  
Tx Sup 8/18/17—
The Supreme Court will not second guess an Austin Court of Appeals decision finding that a rental car falls within the "regular use" exclusion of UM/UIM Coverage.  
ADI Worldlink, LLC v. RSUI Indemnity Co.  
ED Tx 8/16/17—
Court finds that insured failed to provide proper notice of original claim and that subsequent similar claims were interrelated and deemed first made with original claim, barring coverage.  
North American Capacity Insurance Co. v. Colony Specialty Insurance Co.  
SD Tx 8/7/17—
Court rules that "excess by coincidence" policy is not the same as an umbrella policy for purposes of determining priority of coverage.  
Miller v. Allstate Texas Lloyd's  
SD Tx 8/4/17—
Court rules that insurance agent was improperly joined because misrepresentation allegations against the agent failed to state an actionable claim.  
Eddie Yaklin Ford Lincoln Mercury Nissan, Inc. v. American Road Insurance Co.  
SD Tx 8/4/17—
A court has found that the bona fide dispute rule and lack of bad faith actions preclude extra-contractual claims despite the potential for a valid breach of contract claim.  
Miller v. Allstate Texas Lloyd's  
SD Tx 8/4/17—
Court finds that agent's alleged misrepresentations did not state an actionable claim that would justify remand to state court  
Thompson v. Geico Insurance Agency, Inc. d/b/a Geico Secure Insurance Co.  
Tx 14-Houston 8/3/17—
An appeals court has found that an insured's construction of the replacement vehicle notice provision in a personal auto policy as applying to owned but not leased vehicles is unreasonable.  
Lauger Companies, Inc. v. Mid-Continent Cas. Co.  
SD Tx 8/2/17—
Court finds that non-concrete elements of the foundation were destroyed in process of removing defective concrete and, as such, are covered damages.  
Pounds v. Liberty Lloyds of Texas Insurance Co.  
Tx 14-Houston 8/1/17—
An insurer retains its right to invoke appraisal even after an outright denial of a claim.  
Allen v. State Farm Lloyds  
Tx 5-Dallas 8/1/17—
An appeals court found that insureds had presented more than a scintilla of evidence that foundation damage to their home was covered and further had raised fact issues on whether the insurer had knowingly violated the insurance code.  
The Cincinnati Specialty Underwriters Insurance Co. v. Chajon  
ND Tx 7/31/17—
Court refuses to consider extrinsic evidence and denies the insured's request for time for additional discovery under Rule 54(d), finding the pleadings allegations sufficient to determine a lack of coverage.  
Experience Infusion Centers, LLC v. Randall H. Lusby  
SD Tx 7/31/17—
Court finds that ERISA insurer's failure to seek consent of co-defendant prior to removal warranted remand to state court.  
Laney Chiropractic and Sports Therapy, P.A. v. Nationwide Mutual Insurance Co.  
5th Cir 7/28/17—
Court finds that insured is not entitled to a defense under Coverage B of its CGL policy that excludes trademark infringement coverage  
Uretek (USA), Inc. v. Continental Casualty Co.  
5th Cir 7/28/17—
Appellate court finds that district court's analysis of allegations against insured were too narrow, exclusions were inapplicable.  
Heron v. ExxonMobil Disability Plan  
SD Tx 7/28/17—
Court finds that summary judgment was proper because ERISA insurer did not abuse its discretion in denying long-term benefits