Court: SD Tx 05/28/2025 Absence of Evidence on Damages Defeats UM/UIM Claim A federal district court for the Southern District of Texas granted an insurer’s uncontested motion for summary judgment on a litigated UM/UIM claim, holding the insured failed to respond to
Court: Tx 3-Austin 05/22/2025 Court of Appeals Affirms Summary Judgment Dismissal of Property Damage Claim Related to Covid-19 Court of Appeals agreed with trial court that policies’ Contamination Exclusion applies to viruses such as Covid-19.
Court: SD Tx 05/13/2025 Fact Dispute Precludes Summary Judgment on Contractual and Extra-Contractual Claims in Homeowner’s Lawsuit Against its Insurer A court for the Southern District of Texas denied in part an insurer’s motion for summary judgment on homeowner’s claims for breach
Court: ND Tx 05/12/2025 Motion to Dismiss Granted in COVID-19 Business Interruption Dispute A court of the Northern District of Texas granted multiple insurers’ motions to dismiss with prejudice in a COVID-19 business interruption dispute, holding that under persuasive authority from the
Court: SD Tx 05/07/2025 Extra-Contractual Claims Abated and Breach of Contract Claim Unripe Pending Adjudication of Declaratory Judgment on UM/UIM Claim A court for the Southern District of Texas granted an insurer’s motion to abate extra-contractual claims in UM/UIM lawsuit and sua
Court: ND Tx 05/07/2025 Motion for Reconsideration of Order Striking Expert’s Report in Cosmetic Exclusion Dispute Denied A court of the Northern District of Texas denied an insurer’s motion for reconsideration of an order excluding the report and testimony of an expert
Court: SD Tx 05/02/2025 Body of Evidence in ERISA Health Claim Rebuts Presumption Created by Alcohol Exclusion A court for the Southern District of Texas adopted a magistrate’s report and recommendation to grant an insured’s motion for summary judgment on his ERISA
Court: ED Tx 05/01/2025 Magistrate Recommends Granting Motion to Compel Appraisal and Abate A magistrate of the Eastern District of Texas granted an insurer’s motion to compel appraisal and abate, finding that the insurer had not waived its right to invoke appraisal
Court: Tx 5-Dallas 04/30/2025 Court of Appeals Reverses Trial Court’s Summary Judgment Enforcing Settlement Agreement The Dallas Court of Appeals reversed trial court’s summary judgment enforcing settlement between insured and insurer, holding that fact issues remained as to whether an email settlement
Court: ED Tx 04/30/2025 Magistrate’s Recommendation to Remand Homeowner Dispute Adopted A court of the Eastern District of Texas adopted a magistrate’s recommendation to remand a first-party action against a property insurer, finding that at least one defendant, a contractor, was a