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To Disclose, Or Not To Disclose?
Texas Lawyer
Monday, November 16, 2009
On Nov. 9, the State Bar of Texas concluded a series of seven public hearings focusing on whether lawyers should have to disclose if they have professional-liability insurance. A majority of the 67 speakers who testified at the hearings were of a like mind: They oppose such a rule. But did the testimony at the public hearings represent the public's view on the disclosure issue?
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Special Report: Insurance Law
Texas Lawyer
Friday, July 31, 2009
Recently, an appeals court furthered an insurance company's ability to deny insureds a defense and indemnity based on who provides notice rather than the fact or timing of notice. In so doing, the court treats the delivery source as sacrosanct. Also in this report: "Contractual Subrogation in the Aftermath of Mid-Continent" and "The High Court's Application of the Notice-Prejudice Rule."
Court Rejects Third-Party Notice
Texas Lawyer
Monday, July 27, 2009
Recently, the 2nd Court of Appeals in Fort Worth furthered an insurance company's ability to deny insureds a defense and indemnity based on who provides notice rather than the fact or timing of notice. In so doing, the court treats the delivery source as sacrosanct, deeming notice from other sources as wholly ineffective as a matter of law. This trend in Texas, contrary to the vast majority of other states, is irreconcilable in light of the policy language itself and other Texas coverage cases that reject form over substance.
Contractual Subrogation in the Aftermath of Mid-Continent
Texas Lawyer
Monday, July 27, 2009
In 2007, the Texas Supreme Court in Mid-Continent Insurance v. Liberty Mutual Insurance Co. — when answering questions certified by the 5th U.S. Circuit Court of Appeals — dramatically changed how insurance adjusters and attorneys treat insurers who underfund settlements.
The High Court's Application of the Notice-Prejudice Rule
Texas Lawyer
Monday, July 27, 2009
In two cases decided on March 27 — Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Co. and Financial Industries Corp. v. XL Specialty Insurance Co. — the Texas Supreme Court confronted the issue of whether an insurer must demonstrate prejudice to deny coverage under a claims-made policy based on an insured's breach of the notice condition. The court reconciles how the "notice-prejudice" rule is applied under occurrence and claims-made policies.
Supreme Court Declines to Adopt Manifestation Rule
Texas Lawyer
Monday, September 8, 2008
The Texas Supreme Court has released 22 opinions, one of which finally settles a debate over when an insurance company owes a duty to defend an insured sued by a third party over a product defect that went undiscovered for years. Tom Bishop (pictured) of Dallas says he believes the opinion will make it difficult to determine which insurance company has a duty to defend an insured that has had multiple policies.
