Under Stowers, an insurer faced with a settlement opportunity is required to act reasonably in settling a covered claim. How can you prove an insurer failed to do so?
Join Amy Elizabeth Stewart and Beverly Godbey in our latest Insurance Sidebar as they examine three case studies that show the power of Stowers—and its limitations.
If you are facing complex…
Duty to Defend — Construction of Petition and Policy
In cases when third party vendors are working on covered premises, insurers may draw a fine line between where coverage begins and ends. Two recent cases illustrate the importance of clearly defining where liability rests.
Concurrent Causation in the Insurance Context
In this age of identity theft and online fraud, it’s not unusual for multiple parties to be involved in a loss. A victim’s ability to recoup losses depends on their policy’s wording concerning concurrent causation events.
Monroe Exception to “Eight Corners Rule”
For more than 50 years, the “Eight Corners Rule” has limited the role of extrinsic evidence in insurance cases. But the Monroe Exception redefines when and how extrinsic evidence can be taken into consideration.
COVID-19 Business Interruption
Are business insurers liable if clients suffer losses due to government-mandated closures? Two recent cases cast a new light—and new concerns—on this timely subject.
As we approach the two-year anniversary of the “big freeze” in Texas (a/k/a Winter Storm Uri), policyholders with storm-related claims should be aware that Chapter 542A of the Texas Insurance Code limits a policyholder’s ability to sue its insurers for mishandling property insurance claims arising from natural disasters. Designed to curb the exploitation of storm victims and insurance companies, Chapter…
With catastrophic weather events on the rise, we field a lot of calls in the aftermath of a storm. For smaller businesses and individuals, it can be challenging to manage the cost of engaging coverage counsel to assist with the insurance claim when limited resources may already be stretched thin due to storm-related damages that are not insured. Other times,…
As the COVID-19 pandemic recedes to endemic equilibrium, litigation nationwide remains in its early stages over the billions in business interruption coverage denied policyholders for pandemic-related losses.
So far, insurers have been winning the lion’s share of coverage disputes based on industry-wide assertions that pandemic-related causes of loss are not covered, including the pandemic generally, the coronavirus and COVID-19 in…
Chapter 542A of the Texas Insurance Code limits a policyholder’s ability to sue its insurer for mishandling property insurance claims arising from natural disasters. Designed to curb the exploitation of storm victims and insurance companies by the plaintiff’s bar, Chapter 542A significantly undercuts incentives for insurers to act responsibly, while making it more difficult for policyholders to hold insurers accountable…
Among other things, the pandemic has focused our attention on our elderly relatives – are they safe, well-treated, sufficiently housed, properly fed, and receiving adequate health care? One component of this analysis is a strategic look at housing. With finances tight, many families are searching for alternative sources of funding for living expenses and in-home care, including a look at…
