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5th Circuit Allows Credit-Scoring Challenge to Continue
A nationwide class action brought by six minority policyholders challenging insurers' use of credit-scoring in the pricing of automobile and homeowners' policies can continue intact under a Sept. 3 ruling by the 5th U.S. Circuit Court of Appeals.Texas Supreme Court Says Co-Insurer Seeking Repayment for Settlement Out of Luck
A liability insurer that paid the bulk of a $1.5 million settlement against a contractor it insured has no right to reimbursement from another insurer that provided liability coverage to the same contractor, the Texas Supreme Court held recently. The attorney for the plaintiff insurer, which had paid the larger share of the settlement, says he believes the decision may prompt insurance companies, if they share coverage with another insurer, to let the case go to trial rather than to try to settle it.Prevailing Plaintiff Alleges Defense Counsel's Legal Bill Eroded Recovery
Here's a litigation head-scratcher: Does a prevailing plaintiff ever have a right to contest the legal fees incurred by the defense? That's the unusual question pending before a Texas court. A prevailing plaintiff is suing law firm Thompson, Coe, Cousins & Irons, which represented the defendant in the underlying insurance claim dispute, alleging the firm charged too much to defend its client, thus reducing the plaintiff's recovery due to an eroding-limits provision in the defendant's insurance policy.Prevailing Plaintiff Alleges Defense Counsel's Legal Bill Eroded Recovery
Here's a litigation head-scratcher: Does a prevailing plaintiff ever have a right to contest the legal fees incurred by the defense? That's the unusual question pending before a Texas court. A prevailing plaintiff is suing law firm Thompson, Coe, Cousins & Irons, which represented the defendant in the underlying insurance claim dispute, alleging the firm charged too much to defend its client, thus reducing the plaintiff's recovery due to an eroding-limits provision in the defendant's insurance policy.Ex-Professor Prevails in Defamation Suit Against Former Law Student
The messy courthouse battle between former South Texas College of Law professor Neil C. McCabe and a student with whom he had an affair has ended three years after it began with a final judgment ordering the woman to pay McCabe a half-million dollars in damages and sanctions. McCabe had brought defamation and intentional infliction of emotional distress causes of action against Kimmy Fox Fredericks, alleging that she wrote a letter to South Texas falsely accusing him of sexually abusing her.Scrimmage Set to Begin Over Fee Fight
Houston lawyer Samuel Palermo alleges in a suit that goes to trial on Aug. 11 that his former firm, O'Quinn, Laminack & Pirtle, breached his employment contract and underpaid him for nine years of work.5th Circuit Allows Credit-Scoring Challenge to Continue
A nationwide class action brought by minority policyholders challenging insurers' use of credit-scoring in the pricing of automobile and homeowners' policies can continue intact under a ruling by the 5th U.S. Circuit Court of Appeals. In a 2-1 decision, the 5th Circuit held that the McCarran-Ferguson Act does not pre-empt minority policyholders' allegations that Allstate violated federal civil rights and housing laws by engaging in a racially discriminatory pricing practice.Court Eliminates Diminished-Value Cause of Action
The Texas Supreme Court has held in American Manufacturers Mutual Insurance Co. v. Gary Schaefer, a case of first impression, that an insurer is not obligated under �D, the comprehensive and collision coverages, of the standard Texas automobile insurance policy to compensate a policyholder for a vehicle's diminished value when it has been adequately repaired.Lawyers in Vioxx Case Hit With Negligence Lawsuit Over Alleged Paperwork Errors
An Ohio man who accepted an approximately $100,000 settlement for his Vioxx personal injury claim has filed a negligence suit against three Houston firms and three Houston lawyers, alleging the defendants made paperwork errors in his case file that reduced the size of his settlement. Craig Pingle alleges that he should have received a settlement totaling more than $436,000.State AI Legislation Is on the Move in 2024
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