Insurance Law Section
ILS Events Calendar

Sep

20

INS Council Meeting in Austin

10:00am Officers, 11:00am - 2:00pm Council. Location TBD

Nov

15

INS Council Meeting in Houston

10:00am Officers, 11:00am - 2:00pm Council. Location TBD

Jan

24

INS Council Meeting in Austin

10:00am Officers, 11:00am - 2:00pm Council. Location TBD

Apr

18

INS Council Meeting in Dallas

10:00am Officers, 11:00am - 2:00pm Council. Location TBD

Jun

27

INS Council Meeting in San Antonio

3:00pm Officers, 4:00pm - 6:00pm Council. Location: Hyatt Regency Hill Country Resort, 9800 Hyatt Resort Dr., San Antonio, TX 78251 (More)

Jun

28

15th Annual Advanced Insurance Law Course & Annual Membership Meeting

Hyatt Regency Hill Country Resort, 9800 Hyatt Resort Drive, San Antonio, TX 78251 (More)

The Henley v. Love Lesson: Where Experts Must Tread
by Blair Dancy

In addition to the complexities inherent in coverage law, coverage litigation brings its own set of challenges. One recurring question: When does a coverage case require an expert opinion? See, e.g., Don's Bldg. Supply, Inc. v. OneBeacon Ins. Co., 267 S.W.3d 20, 29 (Tex. 2008) (“Pinpointing the moment of injury retrospectively is sometimes difficult, but we cannot exalt ease of proof or administrative convenience over faithfulness to the policy language; our confined task is to review the contract, not revise it.”); Vines-Herrin Custom Homes, LLC v. Great Am. Lloyds Ins. Co., 357 S.W.3d 166, 173 (Tex. App.—Dallas 2011, pet. denied) (holding “expert testimony establishing the exact date of injury was not required to trigger the duty” under Don’s Building Supply, where the evidence showed the physical injury to the property indisputably occurred during one of two consecutive policy years covered by the same insurer); Swicegood v. Medical Protective Co., CIV.A.3:95-CV-0335-D, 2003 WL 22234928, at *15 (N.D. Tex. Sept. 19, 2003) (J. Fitzwater) (holding “the proof to be admitted at trial will consist of historical evidence from the Underlying Lawsuit and expert testimony to assist the jury in allocating or apportioning covered and non-covered damages,” involving mixed underlying claims of covered medical malpractice and uncovered romantic/sexual acts).

The Northe...(Continue)

 
 
Recent Decisions
Supreme Court Denies Petition For Review  
Jerry C. Johnson v. State Farm Mut. Auto. Ins. Co. Tx Sup 8/18/17—
The Supreme Court will not second guess an Austin Court of Appeals decision finding that a rental car falls within the "regular use" exclusion of UM/UIM Coverage.
Magistrate Judge Recommends Insurer's Summary Judgment Motion be Granted in light of Late Notice of Claims  
ADI Worldlink, LLC v. RSUI Indemnity Co. ED Tx 8/16/17—
Court finds that insured failed to provide proper notice of original claim and that subsequent similar claims were interrelated and deemed first made with original claim, barring coverage.
Court Grants Summary Judgment to Umbrella Insurer in Priority of Coverage Action  
North American Capacity Insurance Co. v. Colony Specialty Insurance Co. SD Tx 8/7/17—
Court rules that "excess by coincidence" policy is not the same as an umbrella policy for purposes of determining priority of coverage.
Court Denies Remand because of Improper Joinder of Insurance Agent  
Miller v. Allstate Texas Lloyd's SD Tx 8/4/17—
Court rules that insurance agent was improperly joined because misrepresentation allegations against the agent failed to state an actionable claim.
Court Grants Summary Judgment in Favor of Insurers on Extra-Contractual Claims  
Eddie Yaklin Ford Lincoln Mercury Nissan, Inc. v. American Road Insurance Co. SD Tx 8/4/17—
A court has found that the bona fide dispute rule and lack of bad faith actions preclude extra-contractual claims despite the potential for a valid breach of contract claim.
Court Denies Insured's Motion to Remand  
Miller v. Allstate Texas Lloyd's SD Tx 8/4/17—
Court finds that agent's alleged misrepresentations did not state an actionable claim that would justify remand to state court
Notice Provision in Auto Policy Applies to a Replacement Leased Vehicle  
Thompson v. Geico Insurance Agency, Inc. d/b/a Geico Secure Insurance Co. Tx 14-Houston 8/3/17—
An appeals court has found that an insured's construction of the replacement vehicle notice provision in a personal auto policy as applying to owned but not leased vehicles is unreasonable.
Southern District Applies US Metals, Finds Coverage for Damage to Parts of Foundation Resulting from Defective Concrete  
Lauger Companies, Inc. v. Mid-Continent Cas. Co. SD Tx 8/2/17—
Court finds that non-concrete elements of the foundation were destroyed in process of removing defective concrete and, as such, are covered damages.
Insurer Did Not Waive Appraisal Provision by Denying Claim  
Pounds v. Liberty Lloyds of Texas Insurance Co. Tx 14-Houston 8/1/17—
An insurer retains its right to invoke appraisal even after an outright denial of a claim.
Court Reverses Directed Verdict for Insurer on Foundation Claim  
Allen v. State Farm Lloyds Tx 5-Dallas 8/1/17—
An appeals court found that insureds had presented more than a scintilla of evidence that foundation damage to their home was covered and further had raised fact issues on whether the insurer had knowingly violated the insurance code.
More Recent Decisions
 
 
Section News
Welcome the 2017-2018 Insurance Law Section Council & Officers

Join us in welcoming the Insurance Law Section Officers and Council Members for 2017 - 2018. New officers were elected by the Council and Council members were elected by Section members June 8, 2017 at the Section membership meeting during the 2017 Advanced Insurance Law Seminar in San A... (Continued)

More Section News