William Craven and Gregory Hudson | Cozen O’Connor | January 15, 2016 In J & D Towing, LLC v. American Alternative Insurance Corporation, No. 14-0574, 2016 WL 91201 (Tex. Jan. 8, 2016), the Texas Supreme Court considered J & D Towing, LLC’s (“J & D”) claim for loss of use damages under its underinsured motorist… Continue reading Texas Rule Change: Supreme Court Holds Loss of Use Damages Are Recoverable Where Property Total Loss
No more Free Passes on Deposition Conduct
Randy Evans, Shari L. Klevens, and Alanna Clair | Dentons | January 13, 2016 In litigation, depositions can be a valuable way to obtain evidence and learn the facts of the case in preparation for trial. In addition, in limited circumstances, deposition testimony may be used at trial in lieu of a live witness. Courts… Continue reading No more Free Passes on Deposition Conduct
Don’t Let Insurers Use Attorney-Client Privilege to Shield Claims Handling Documents
James R. Murray, Jared Zola and Omid Safa | Dickstein Shapiro LLP | January 13, 2016 Upon receiving an insurance claim from its policyholder, an insurer is obligated to promptly and reasonably investigate, adjust, and determine whether to pay a claim. Those are fundamental aspects of an insurer’s business that arise with respect to every… Continue reading Don’t Let Insurers Use Attorney-Client Privilege to Shield Claims Handling Documents
California Examinations Under Oath: Protecting the Insured through a Reasonable Examination Under Oath
Denise Sze | Property Insurance Coverage Law Blog | December 30, 2015 Over a course of the last few years I’ve written about California Insurance Code 2071.1 and an insured’s rights, which includes the right to review their claim file before an examination under oath (EUO) is conducted. As the year draws to a close… Continue reading California Examinations Under Oath: Protecting the Insured through a Reasonable Examination Under Oath
Lawyer Sued For Filing Claims on Behalf of Policyholders He Does Not Represent
Chip Merlin | Property Insurance Coverage Law Blog | January 14, 2016 I suppose if business is really bad for some lawyers, they could just fantasize about representing people and seeking justice. If the pleadings filed by Allstate are true, one Texas lawyer went beyond fantasy and literally filed insurance claims and threatened lawsuits on… Continue reading Lawyer Sued For Filing Claims on Behalf of Policyholders He Does Not Represent