Insurance Law Section
Recent Insurance Law Decisions
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Great American Insurance Co. v. Hamel  
Tx Sup 6/16/17—
Court finds pre-trial assignment eliminated incentive for adversarial trial, concludes that coverage litigation should be retried.  
Gonzalez v. State Auto Property and Casualty Insurance Company  
SD Tx 6/16/17—
Court finds that insured's joining of engineering firm was improper attempt to defeat diversity jurisdiction  
Walker v. Regence Blue Cross Blue Shield of Oregon  
SD Tx 6/16/17—
Court finds that ERISA plaintiff exhausted remedies but that correct policy interpretation by insurer justified split of medical costs incurred  
Colony Insurance Co. v. Custom Ag Commodities, LLC  
ED Tx 6/15/17—
Court finds that false advertising allegations did not trigger duty to defend and that same findings would also preclude future duty to indemnify  
North Dallas Lawn Care and Landscape, Inc. v. Hartford Lloyds Ins. Co.  
ED Tx 6/15/17—
Court holds that Lloyd's plan insurer did not have any Texas underwriters that would defeat diversity jurisdiction in case involving Texas insured  
Davis v. Aetna Life Insurance Co.  
5th Cir 6/14/17—
Court finds that a conflict of interest existed as plan administrator and underwriter, but no evidence that it impacted decision to terminate benefits.  
Dialysis Newco, Inc. et al v. Community Health Systems Trust Health Plan  
SD Tx 6/14/17—
ERISA's insurer policy interpretation with respect to third-party administrator directly contradicted the policy's plain language and constituted an abuse of direction  
In re United Services Automobile Association  
Tx 1-Houston 6/13/17—
Court finds that bases for new trial order were the same as prior order on which court of appeals previously granted mandamus, rendering it the law of the case.  
In re National Lloyds Insurance Co.  
Tx Sup 6/9/17—
A divided court has held that the billing records of an opposing party's attorney are generally not discoverable, even if that party is attacking the other party's fees as unreasonable and unnecessary.  
Keith v. Metropolitan Life Insurance Co.  
SD Tx 6/9/17—
Court finds ERISA insurer's failure to disclose certain information to long-term disability participant did not violate fiduciary duty.  
Cantu v. State Farm Mutual Automobile Insurance Co.  
SD Tx 6/7/17—
Court holds that express consent to a lawsuit against an underinsured / uninsured driver is necessary to trigger a UM/UIM insurer's coverage obligation  
Nabors v. American Reliable Insurance Co.  
ND Tx 6/7/17—
Court grants insured leave to amend to cure pleading defects, but finds that appraisal is a condition precedent to litigation.  
Texas Farmers Insurance Co. v. Louisiana-Pacific Corporation  
ED Tx 6/6/17—
Court finds that two fire losses caused by lightning were distinct enough to warrant separate adjudication of liability and damages.  
Hidden Cove Park and Marina v. Lexington Insurance Co.  
ED Tx 6/6/17—
Court finds that reserve information was relevant in bad faith case and should be produced.  
In Re Safeco Insurance Co. of America  
Tx 13- Corpus/Edbrg 6/6/17—
A trial court did not abuse its discretion when it ordered an insurer to produce a corporate representative for deposition.