Texas
Michael Cloud v. The Bert Bell/Pete Rozelle NFL Player Retirement Plan
Year: 2024
Court: United States Supreme Court
Case Number: 24-61
Issue:
  • ERISA
State:
  • Texas

In its amicus brief, United Policyholders argues that the Supreme Court should grant certiorari to make clear that in the context of ERISA claims, federal courts are not required to give deference to fiduciaries who have denied benefit claims without engaging in a full and fair claims process.…
Texas Windstorm Insurance Association v. Stephen Pruski
Year: 2023
Court: Texas Supreme Court
Case Number: 23-0447
Issue:
  • Jurisdiction
State:
  • Texas

In its amicus brief, United Policyholders addresses a jurisdictional question with far-reaching implications. The issue is whether a provision of Texas Insurance Code Section 2210.575(e) renders a decision made by a Texas District Court judge who was not appointed by the proper MDL panel void.…
Frymire Home Services, Inc. and Whitefield Capital, LLC v. Ohio Security Insurance Company
Year: 2021
Court: Texas Supreme Court
Case Number: 21-0757
Issue:
  • Concurrent Causation
State:
  • Texas

In its amicus curiae brief, UP addresses whether the concurrent cause doctrine applies where there is any non-covered damage, including “wear and tear” to an insured property, but such damage does not directly cause the particular loss experienced by a policyholder. UP argues that while…
Hinojos v. State Farm Lloyds and Pulido
Year: 2020
Court: Supreme Court of Texas
Case Number: 08-16-00121-CV
Issue:
  • Appraisal
State:
  • Texas

In this brief UP endeavors to change the use of Texas’ longstanding reasonableness exception to bar insured’s Texas Prompt Payment of Claims Act (TPPCA) entitlements. This reasonableness exception provides insurers with a loophole opportunity to low-ball the insured, take a gamble on a policyholder paying…
Advanced Environmental Recycling Technologies, Inc. vs. American International Speciality Lines Insurance Company
Year: 2009
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 09-11075
Issue:
State:
  • Texas

This appeal addresses two issues of importance to policyholders across the country: (1) can “property damage” to the insured’s “product” be considered an “accident” or “occurrence” for purposes of coverage under an umbrella liability policy; and (2) do exclusions in an underlying primary policy apply…
Ballard vs. Farmers Insurance Group
Year: 2001
Court: Texas Court of Appeals
Case Number:
Issue:
  • Bad Faith
State:
  • Texas

Insurance nullification by litigation; bad faith
Excess Underwriters at Lloyd’s of London vs. Frank’s Casing Crew & Rental Tools, Inc.
Year: 2003
Court: Texas Supreme Court
Case Number: 02-0730
Issue:
  • Duty to Defend
State:
  • Texas

Insurer’s ability to recover defense costs from insureds. See also Hollock.
Fairfield Insurance Co. vs. Stephens Martin Paving
Year: 2003
Court: Texas Supreme Court
Case Number: RP 04-0728
Issue:
  • Coverage
State:
  • Texas

The “all sums” language in a liability policy of insurance should be construed to provide coverage for gross negligence and punitive damages.
LM Ericsson Telefon AB and Ericsson Inc. vs. Certain Underwriters At Lloyd’s London
Year: 2008
Court: Texas Supreme Court
Case Number: 09-0012, 09-0013
Issue:
  • Application as part of policy
State:
  • Texas

This case addresses what it means when an insurance contract incorporates and makes the insured’s policy application a part of the policy of insurance. In 2003, Ericsson Inc. submitted an application for errors and omissions liability insurance, which named its parent company, LM Ericsson Telefon,…
Mesa Operating Company vs. California Union Insurance Company
Year: 1997
Court: Texas Court of Appeals, 5th District
Case Number: 05-06-00986-CV
Issue:
  • Pollution Exclusion and Coverages
State:
  • Texas

The evidence presented supports the conclusion that the insurance industry represented that the State Board of Insurance understood the “sudden and accidental” pollution exclusion did not reduce existing coverage for pollution damages that were neither expected nor intended.
Motiva Enterprises, LLC vs. St. Paul Fire & Marine Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA
Year: 2004
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 05-20139
Issue:
  • No forfeit of coverage for settline without insurance company's authority.
State:
  • Texas

The insured should not forfeit coverage by settling without insurance company’s authority when the insurance company intentionally places itself in an adversarial position with its insured by issuing a Reservation of Rights.
National Union Fire Insurance Company of Pittsburgh vs. Crocker, Beatrice
Year: 2005
Court: Texas Supreme Court
Case Number: 06-0868
Issue:
  • Coverage
State:
  • Texas

The Court should confirm the well-established rule that insurance companies owe their policyholders and additional insureds a duty to disclose coverage. Moreover, an insurance company cannot rely on lack of formal notice when it (a) receives actual notice or (b) has not been prejudiced by…
Pendergest-Holt, Laura, Stanford, R. Allen, Lopez, Gilbert Jr. and Kuhrt, Mark vs. Certain Underwriters at Lloyd’s of London and Arch Specialty Insurance Company
Year: 2009
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 10-20069 (US 5th Cir. Court of Appeals) 4:09-cv-03712 (US Dist. Court for the Southern Dist. Tex.)
Issue:
  • Duty to pay defense costs
State:
  • Texas

The application of the “eight corners” rule to an insurers duty to advance defense costs in a “Directors and Officers” context. UP presented arguments to the court to show how the carriers position would defeat the purpose of D&O coverage.
Round Rock Plaza Venture and Robert Tiemann vs. Maryland Ins. Co.
Year: 1995
Court: Texas Court of Appeals, 3rd District
Case Number: 03-95-00108-CV
Issue:
  • Pollution Exclusion and Coverages
State:
  • Texas
State Farm Fire & Casualty Company vs. Simmons, James and Cynthia
Year: 1996
Court: Texas Supreme Court
Case Number: D-4095
Issue:
  • Punitive Damages
State:
  • Texas

UP brief supports Court of Appeals decision holding that (1) insurance company acted in bad faith; (2) the insurance company failed to show the policyholders burned their own home and (3) punitive damage award of two million was not excessive.
Texas Association of Counties County Government Risk Management Pool vs. Matagorda County and Keith Kilgore
Year: 1998
Court: Texas Supreme Court
Case Number: 98-0968
Issue:
  • Texas Court should not adopt holding of Buss
State:
  • Texas

The Texas Court should not adopt the anti-policyholder holdings of Buss v. Transamerica Co. 939 P.2d 766 (1977) and should not be swayed by Insurance company argument that the holding is sweeping the country.
Trinity Universal Insurance Company vs. Cowan, Nicole
Year: 1995
Court: Texas Supreme Court
Case Number: 95-1160
Issue:
  • Bad Faith
State:
  • Texas

Tutorial; insurance lore; duty of good faith and fair dealing continues through litigation; occurrences; lawyers as underwriters; insurance company’s duty to disclose.
Gilbert Texas Construction, L.P. v. Underwriters at Lloyd’s London
Year: 2009
Court: Texas Supreme Court
Case Number: 08-0246
Issue:
  • Exclusions
State:
  • Texas

The Court held that the standard “contractual liability” exclusion found in the CGL policy essentially is a “breach of contract” exclusion applicable anytime a liability defense, e.g., statute of limitations or economic loss rule, eliminates a negligence cause of action, leaving only a breach of…