Janet Tolbert | Wilson Elser The Western District of Texas Declines to Impose a Prejudice Requirement on a Fixed-Time Notice Provision in a Commercial Property Policy Texas is considered a “notice-prejudice” state, meaning that as a general rule an insurer is required to demonstrate it was prejudiced by an insured’s late notice of a claim… Continue reading When Is Late Notice Really Too Late?
Category: Insurance
Louisiana Changes Its “Proof Of Loss” Law
Ryan Telep, Caroline F. Crosby and Pablo Gonzalez | Phelps Dunbar The Louisiana Legislature recently passed HB 437 which enacts La. § R.S. 22:1892.3 (effective August 1), in an attempt to clarify parties’ respective obligations as it relates to Proof of Loss statements and corresponding payments under an insurance policy. Under this new statute, any… Continue reading Louisiana Changes Its “Proof Of Loss” Law
Torrential Rains and Insurance Claims: When Exclusions and Limitations On ‘Flood’ Coverage May Not Apply
Micah Skidmore | Haynes Boone With five months to go, 2025 is already the year of the flash flood in the United States. To date, the National Weather Service has issued more than 3,600 flash flood warnings across the United States in 20251—more than any other year on record since 1986.2 Extreme precipitation events have resulted… Continue reading Torrential Rains and Insurance Claims: When Exclusions and Limitations On ‘Flood’ Coverage May Not Apply
Strength in Numbers—The Class Actions Strategy for Insurance Claims
Colin Kemp and Lauren Smith | Policyholder Pulse When wildfires, floods or other disasters strike, multiple policyholders can be affected in similar ways. But historically, each policyholder would take on their insurance company alone—a tough task, especially for individual policyholders and especially when any given policyholder’s claim is dwarfed by the relative legal and financial… Continue reading Strength in Numbers—The Class Actions Strategy for Insurance Claims
Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability
Bradford Kuhn | Nossaman Planning and constructing public infrastructure projects takes significant time – sometimes many years. Property owners and businesses who may be impacted are left in a state of limbo, not knowing for sure whether the project will move forward, when it will move forward and what the ultimate impacts will be. This… Continue reading Project Planning and Acquisition Negotiations Do Not Trigger Inverse Condemnation Liability