Texas Supreme Court | Eight Corners Rule
Texas Supreme Court Recognizes Northfield-like Exception to Eight Corners Rule Almost 20 years ago I stood before a panel of the U.S. Fifth Circuit Court of Appeals, arguing for an exception to what is commonly referred to among Texas insurance practitioners as the “eight-corners” rule. The eight-corners rule provides that…
Texas Supreme Court Provides New Procedure for Pursuing UIM Claims Under Auto Policies
Last Friday, the Texas Supreme Court issued a decision that will substantially impact how underinsured motorist (UIM) claims will now be litigated in Texas. In Allstate Ins. Co. v. Irwin, Case No. 19-0885, a sharply divided court (5-4) held that an insurance carrier’s liability for UIM benefits may now…
McKinney Tea Shop Takes COVID Insurance Battle to Fifth Circuit
One of the hottest insurance issues stemming from the COVID pandemic is whether business interruption losses resulting from governmental shut-down orders are covered under standard commercial property insurance policies. Under most policies, the issue boils down to whether the shutdown of the business constitutes “direct physical loss of or…
Commercial Insurance Attorneys
The Insurance Council of Texas categorized the recent winter storm as the “largest insurance claim event in history.” At Saunders, Walsh & Beard, our insurance attorneys help businesses whose insurers have failed to perform their duties under their related policies. Therefore, if you do not receive the coverage you expect,…
AMENDMENTS TO TEXAS HOA LAW FINALLY GIVE HOMEOWNERS A STICK TO FIGHT BACK WITH
Recent changes in the law finally give Texas homeowners a stick to fight back against abusive practices by Texas homeowners associations. If you are reading this, you’ve no doubt heard of HOA horror stories. Perhaps you’ve been a victim of HOA harassment or bullying. HOAs are not regulated by the…
HOA Horror Stories
Ahh, HOA’s. You either love ‘em or you hate ‘em. And those who hate ‘em usually have a good reason. Maybe the HOA is on their case about a fence needing repair. Maybe it’s that dues haven’t been paid on time and the HOA is threatening foreclosure (yes, strange as…
Kid’s Baseball Coach Strikes Out in Defamation Suit – We’re Going to Extra Innings
In his recent post, my partner Brantley Saunders talked about a decision by the Fort Worth Court of Appeals in a case being handled by our firm. The case arose out of complaints made by parents about an assistant coach’s behavior at a baseball game – in a 7 year…
Open Board Meetings Under the Texas HOA Laws: Just How “Open” Are They?
Under the Texas homeowners association laws passed several years ago, HOAs are required to make the meetings of their respective boards “open.” But open to who? The public? Can just anyone attend? Can I bring a lawyer? A local news crew?
Recoverability of Attorney’s Fees in Homeowner Association Disputes
A man walked into a lawyer’s office and inquired about the lawyer’s rates. “$50 for 3 questions,” replied the lawyer. “Isn’t that awfully steep?” asked the man. “Yes,” the lawyer replied. “And what was your third question?”
Does a Policyholder Have a Right to Select Independent Counsel To Represent It When the Insurance Company Reserves Its Rights?
Most liability insurance policies – whether they be commercial general liability, business owners, errors and omissions, homeowners or auto – require the insurance company to defend the policyholder against lawsuits where the plaintiff is seeking damages potentially covered by the insurance policy.