August 5, 2014
The Texas Supreme Court has ruled a negligence lawsuit stemming from the fatal collision of a train with a veterans’ parade float in Midland in 2012 should be heard in Midland County. The Midland Reporter-Telegram reports the state’s highest civil …
February 4, 2014
Over the past several years in Texas, there has been considerable uncertainty among carriers and policyholders over the scope of the contractual liability exclusion (exclusion b) in the standard CGL policy as it relates to garden-variety breach of contract claims …
January 21, 2014
The Texas Supreme Court issued a key ruling Friday that should boost consumer confidence in the liability insurance coverage that builders and general contractors carry. Writing for the court, Justice Phil Johnson denied an insurance company’s attempt to avoid paying …
September 27, 2013
When the Texas Supreme Court decides to look at controversial insurance coverage issues, you can assume that their decisions will never be boring. Such was the case in its Aug. 23 decision in Lennar Corp. v. Markel American Insurance Co. …
July 15, 2013
Texas Supreme Court Puts an Exclamation Point on its Prior Case Two recent decisions from the Texas Supreme Court establish that there is no common law bad faith in Texas regarding workers’ compensation claims. The Texas Supreme Court in Texas …
April 8, 2013
Man’s best friend is priceless. But a dog gone is worth nothing in Texas. The Texas Supreme Court upheld Friday that bereaved dog owners can’t sue for emotional damages when someone else is to blame for the death of a …
October 17, 2012
One of the most fascinating aspects of writing about insurance litigation is that often issues that we discuss seem to be “finally” decided, only to reappear again. For instance, previously for Insurance Journal we discussed a landmark case involving the …
March 26, 2012
Bennie Dale Morris used to be a regular at Frank’s Place – eating meals and drinking coffee several times a day at the smoke-filled cafe – until the restaurant owner’s joking around got a little too personal. In fact, Morris …
January 31, 2012
In a decision that workers’ compensation experts say is good for Texas employees and employers alike, the Supreme Court of Texas issued a unanimous opinion on January 27, 2012, that bars negligence claims against policyholders. The Port Elevator-Brownsville v. Casados …
December 12, 2011
Texas’ main business tax does not violate the state constitutional ban on a personal income tax, according to a ruling by the Texas Supreme Court in late November. The Texas Legislature created the business tax, also known as the margins …