Insurance Law Section
Recent Insurance Law Decisions
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Arrow Bolt & Electric, Inc. v. Landmark American Ins. Co.  
ND Tx 10/12/17—
Court grants remand of case removed on basis that adjuster was fraudulently joined, finding numerous specific allegations that the insurance adjuster committed errors in violation of the Texas Insurance Code sufficient to state a claim.  
Avneri v. Hartford Fire Ins. Co.  
ED Tx 10/10/17—
Court finds that failure to comply with Rule 26's disclosure requirements did not justify exclusion of expert testimony where extension of discovery could cure any resulting prejudice  
Ramirez v. United of Omaha Life Insurance Co.  
5th Cir 10/6/17—
Court affirms summary judgment for insurer that insured's loss of an eye as a result of an infection was not covered because the injury was not an "Accident" where "Accident" was defined to not include sickness or disease.  
Hooper v. Allstate Texas Lloyds  
SD Tx 10/6/17—
Court finds that remand was proper due to split in authority among Texas federal district courts.  
In re Liberty County Mutual Insurance Co.  
Tx 1-Houston 10/5/17—
A district court abused its discretion when it allowed a claimant under a UM/UIM policy to take the deposition of the insurer's corporate representative prior to establishing the liability of the uninsured driver.   
State Farm Lloyds v. Vega  
Tx 13- Corpus/Edbrg 10/5/17—
An appellate court has rejected an insurer's contention that a jury's award of extra-contractual damages and attorney's fees was not supported by the evidence.   
Pamphile v. Allstate Texas Lloyds  
ND Tx 10/4/17—
Court finds that insurer could not enforce condition in homeowner's insurance policy because it did not suffer prejudice and the insured substantially complied with the policy terms.  
Salinas v. Progressive County Mutual Insurance Co.  
Tx 7-Amarillo 10/4/17—
An appellate court has affirmed summary judgment for a UM/UIM insurer after finding that a passenger in a stolen, insured vehicle was using the vehicle when the accident occurred.   
Mauldin v. Allstate Insurance Co.  
ND Tx 10/2/17—
Court finds in motion to remand proceedings that an adjuster was fraudulently joined by the insured for purposes of defeating diversity jurisdiction, denying remand and granting motion to dismiss claims against adjuster.  
Badmus v. Mutual of Omaha Insurance Co.  
5th Cir 10/2/17—
Fifth Circuit affirms grant of summary judgment in favor of insurer finding it not liable for all claims by alleged beneficiary of Accidental Death Policy because of evidence demonstrating insured was alive and had changed his name to that of beneficiary.  
JNH Holding, Inc. v. Nationwide Prop. and Cas. Co.  
ED Tx 9/29/17—
Court finds that summary judgment was proper on insured's extra-contractual claims where it failed to produce evidence showing an independent injury or anything other than a bona fide dispute  
Evanston Ins. Co. v. Mid-Continent Cas. Co.  
SD Tx 9/29/17—
Court finds that different injury sequences constituted separate accidents for purposes of commercial auto policy's "occurrence" requirement  
Wakefield v. Allstate Vehicle and Prop. Cas. Co.  
ED Tx 9/29/17—
Court finds that remand was proper because plaintiff's state court petition sufficiently alleged damages less than $75,000.  
In re Old Republic Insurance Co.  
Tx 2-Ft Worth 9/28/17—
An appellate court found that the district court had abused its discretion by failing to dismiss a claimant's suit seeking lifetime income benefits because she had not exhausted her administrative remedies.   
Mainali Corp. v. Covington Specialty Insurance Co. (Revised)  
5th Cir 9/27/17—
Court agrees that insurer's use of appraisal process was for purposes of determining the amount owed and not an attempt to avoid payemnt of the claim.