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,…
Saunders, Walsh & Beard Coronavirus Insurance Recovery Team
Most business-interruption coverage includes losses from physical damage caused by hurricanes, fires, winds or theft—not a virus. Lawmakers have recently urged insurers to provide business interruption coverage under existing commercial property policies for companies’ losses due to closures tied to the novel coronavirus (COVID-19). These initial legislative efforts mark a…
“Dinosaur” Lawyers Successfully Obtain Dinosaur Insurance Recovery
Congratulations to Saunders, Walsh & Beard’s client, The Dinosaur Company (a division of Billings Productions), for obtaining full insurance benefits for the loss of 21 of its dinosaur replicas in North Carolina due to Hurricane Florence. The insurer for the Dinosaur Company initially filed the claim for the loss, and…
Warning to Restoration Contractors and Roofers: The Old Way of Doing Business is Over.
On August 3, 2017, the 2nd District Court of Appeals in Fort Worth granted class certification against Lon Smith Roofing (LSRC), a prominent North Texas Roofer, for violation of the Texas Public Insurance Adjusting Act. Given the direction the courts in North Texas have gone in the past few years,…
SWB Wins Insurance Coverage for Clients in Federal Court
Congratulations to our firm’s clients, Phil and Susan Swartztrauber, for winning a court order obtaining insurance coverage against Travelers Casualty and Surety Company of America. The case was handled by Alex Beard. The Swartztraubers were board members of their Home Owners Association (HOA), and were sued for alleged defamation in…
Decoding Chapter 140 of the CPRC
Chapter 140 of the Texas Civil Practice & Remedies Code is intended to limit the subrogation rights of an injured person’s health insurance provider. When this statute was first enacted in 2014, an esteemed personal injury attorney told me that the new law was simple, “Everyone gets a third of…
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.
Insurance for Legal Marijuana-Related Businesses: A Budding New Industry
My grandmother was always fond of saying “The whole world is going to pot.” Little did she know how prophetic those words might be someday.