TX LEGAL EDGE

Insurance Law

39

Defective Tennis Court Not Excluded Under CGL Policy

Carol Keough February 21, 2014

The Texas Supreme Court concluded that damages caused by the defective work of Ewing Construction Company in constructing tennis courts for a school district was not excluded from coverage by the contractual liability exclusion in a CGL policy.  The Fifth Circuit certified a question to the Supreme Court in Ewing v. Amerisure, 2014 WL 185035… Continue Reading »

63

INSURANCE POLICIES – TIMING CAN BE EVERYTHING IN COVERAGE DISPUTES

Carol Keough July 16, 2013

Every business operates by using contracts or agreements to sell or purchase goods and services.  When the business wants to know the terms of the deal with a vendor or professional, the business looks to the agreement between the two parties.  Insurance policies are contracts.  The policy describes the deal between the insurer and the… Continue Reading »

47

Be Proactive When Some Claims Are Not Covered by Insurance

Carol Keough May 30, 2013

The company has been sued.  The claim is turned over to the company insurer.  A letter arrives from the insurer which tells the company that some claims are covered and some may not be covered.  This letter is called a Reservation of Rights letter.  The purpose is to put the company on notice that the… Continue Reading »

30

State Farm Wins Jurisdiction Fight

Carol Keough March 21, 2013

Policyholders and insurers usually face an initial jurisdiction fight over a lawsuit filed in state court because insurers find federal jurisdiction more appealing than state court.  On February 19, 2013, the federal Western District of Texas found in favor of State Farm and denied sending the Texas Insurance Code and Deceptive Trade Practices lawsuit of two homeowners, Ronald… Continue Reading »

56

5th Circuit Warning to Insured – Notify your Insurance Company

Carol Keough February 1, 2013

On January 17, 2013, the Federal Fifth Circuit affirmed a summary judgment against an insured, Mr. Reeder, for his mistake of keeping  his insurance company in the dark.  Jamestown Insurance Company, the insurer, argued on appeal that because of the conduct of Mr. Reeder, their insured, Jamestown Insurance Company was not required to defend or indemnify… Continue Reading »

43

Insurers and Construction Companies Wait for Texas Supreme Court to Weigh in on Ewing Case

Carol Keough January 24, 2013

The Fifth Circuit has certified questions to the Texas Supreme Court in Ewing Construction Co. v. Amerisure Ins. Co., 2012 WL 3205557 (Fifth Circuit, August 8, 2012) which remain unanswered as of this date. At issue is whether the “contract exclusion” in the standard Commercial General Liability (CGL) insurance policy excludes coverage for faulty construction… Continue Reading »

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