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: InterpretationSophisticated Policyholders State: Texas
U.S. Metals v. Liberty Mutual Group Year: 2015 Court: Texas Supreme Court Case Number: 14-0753 Issue: Contract Interpretation - AmbiguityPhysical 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 FileRules 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…