Texas
Citigroup, Inc. vs. National Union Fire Insurance Co. et. al.
Year: 2009
Court: U.S. Court of Appeals, 5th Circuit
Case Number: 10-20445
Issue:
  • Primary/Excess settlements
State:
  • Texas

Whether an excess insurance carrier’s denial of coverage to a policyholder who settles with its primary insurance company for an amount below the primary insurance company’s limits violates the public policy favoring settlements?
In re: Universal Underwriters Insurance Company
Year: 2009
Court: Texas Supreme Court
Case Number: 10-0238
Issue:
  • Appraisal
State:
  • Texas

This case will have a substantial impact on the rights of Texas policyholders to be promptly and properly compensated by their insurance companies, and will also impact the consistency of court decisions.
In re: Deepwater Horizon
Year: 2014
Court: Texas Supreme Court
Case Number: 13-0670
Issue:
  • Interpretation
  • Sophisticated Policyholders
State:
  • Texas
U.S. Metals v. Liberty Mutual Group
Year: 2015
Court: Texas Supreme Court
Case Number: 14-0753
Issue:
  • Contract Interpretation - Ambiguity
  • Physical injury requirement for property coverage
State:
  • Texas

On certified question from the U.S. Court of Appeals for the 5th Circuit, the Texas Supreme Court was confronted with the question of whether the “your product” and “impaired property” exclusions in CGL policies, are the terms “physical injury” and/or “replacement” ambiguous? UP argued, inter…
USAA Texas Lloyds Company v. Gail Menchaca
Year: 2016
Court: Texas Supreme Court
Case Number: 14-0721
Issue:
  • Bad Faith
State:
  • Texas

The Texas Insurance Code allows for a private right of action for bad faith when an insurance company violates certain claims handling standards. One of these standards is a failure to conduct a reasonable investigation of a claim. This is sufficient for a policyholder to…
In re State Farm Lloyds
Year: 2017
Court: Texas Supreme Court
Case Number: No. 15-0903
Issue:
  • Claim File
  • Rules of Discovery - Native Form Documents
State:
  • Texas

When homeowners file claims, insurance companies have a duty to conduct a prompt, reasonable investigation of the damage. When insurance companies fail to do so, they may be held accountable by law. They can be held accountable for the failure to investigate as well as…
Great American lnsurance Company, et al. v. Glen Hamel
Year: 2017
Court: Texas Supreme Court
Case Number: 14-1007
Issue:
  • Duty to Defend
State:
  • Texas

An insurer’s most basic duty under a commercial general liability insurance policy is to defend and indemnify covered claims. In the case where an insurer wrongfully denies coverage, a policyholder must often resolve the claim itself, and then seek contribution from the insurer after-the-fact. An…
Anadarko Petroleum Co. v. Houston Casualty Co et al.
Year: 2017
Court: Texas Supreme Court
Case Number: No. 16-1013
Issue:
  • Duty to Defend
State:
  • Texas

It is well-settled that Texas courts maintain the value of insurance and keep a level playing field between the state’s residents and insurance companies by applying and enforcing the doctrine of contra proferentem – i.e., ambiguous language in an insurance policy is to be interpreted…
ADI Worldlink, LLC v. RSUI Indemnity Company
Year: 2019
Court: United States Court of Appeals for the Fifth Circuit
Case Number: 17-41050
Issue:
  • Interrelatedness Provision
State:
  • Texas

In this amicus brief, UP argues against allowing insurers to improperly use a general interrelatedness provision, while disregarding a manuscript change, to impute late notice from a separate and earlier lawsuit and deny coverage during the current policy period. Interrelated provisions are often found in…