Insurance Law Section
Recent Insurance Law Decisions
Show More Cases   |   Search Cases
SO Apartments, LLC, et. al. v. Everest Indemnity Co.  
WD Tx 11/30/17—
After removal by property insurer, Western District found that claims against adjuster of hail loss for civil conspiracy and under Chapter 542 of the Texas Insurance Code were insufficient to state a claim, but allegations that adjuster violated Chapter 5  
Young v. Allstate Vehicle and Prop. Ins. Co.  
ED Tx 11/29/17—
Court applies Menchaca and finds that lack of coverage warranted summary judgment on both contractual and extra-contractual claims in favor of insurer  
Ekhlasssi v. National Lloyds Ins. Co.  
SD Tx 11/27/17—
Court finds that named peril policy did not provide coverage for flood loss and that water exclusion applied in favor of insurer  
Cooper Industries, Ltd. v. National Union Fire Insurance Co. of Pittsburgh, Pennsylvania  
5th Cir 11/20/17—
Court agrees that insured did not own the earning or principal associated with funds loaned to fraudsters.  
Allied Prop. and Cas. Ins. Co. v. Clean N' Go, LLC  
ED Tx 11/20/17—
Court finds that narrow terms of employee exclusion did not preclude coverage and that insurer owed duty to defend as a result  
Memorial Hermann Health System v. Blue Cross Blue Shield of Texas  
SD Tx 11/17/17—
Court finds that scope of arbitration clause did not reach claims asserted by health care provider against insurer  
Smith v. Travelers Home and Marine Insurance Co.  
SD Tx 11/16/17—
Court finds that allegations against in-state adjuster were sufficient to state claim and defeat removal based on improper joinder.  
Farmers Texas County Mutual Insurance Co. v. Zuniga  
Tx 4-San Antonio 11/15/17—
An appellate court has withdrawn an earlier opinion and re-issued it to provide a clearer explanation of why it has held that punitive damages are not covered under an auto policy providing coverage for damages for bodily injury.  
Hidden Cove Park and Marina v. Lexington Insurance Co.  
ED Tx 11/9/17—
Court finds that flood did not become an excluded peril after exhaustion of sublimit  
Northfield Insurance Co. v. Herrera  
WD Tx 11/6/17—
Exclusion in commercial general liability policy for bodily injury applied to employees of downstream contractors, but not employees of upstream clients.  
Carrillo Funeral Directors, Inc. v. Ohio Security Insurance  
ND Tx 11/3/17—
Court dismissed claims against adjuster, finding that insured's allegations against adjuster in connection with adjustment of hail claim were nothing more than legal conclusions couched as factual allegations.  
Fuentes v. Texas Mutual Insurance Co.  
Tx 4-San Antonio 11/1/17—
The Court finds that worker who was killed in a car accident while driving to office to provide company with his time sheets was not in the course and scope of his employment because he could have used a fax machine.  
Vilaythong v. Allstate Insurance Co.  
ND Tx 10/25/17—
Court finds that public adjuster's estimate provided ample opportunity to insurer to investigate the loss and, therefore, it was not prejudiced.  
In re Mid-Century Insurance Co.  
Tx 10-Waco 10/25/17—
An appellate court has found that a trial court abused its discretion when it ordered production of portions of an insurer's claim file because the insurer had established that it was protected as work product.  
In re Farmers Texas County Mutual Insurance Co.  
Tx 13- Corpus/Edbrg 10/20/17—
An appellate court has found that it is not an abuse of discretion for a trial court to refuse to rule on an insurer's motion for severance of extra-contractual from breach of contract claims.