5th Circuit Court of Appeals News

5th Circuit: Oil Platform Worker’s Longshore Act Claim Barred by Exclusive Remedy

Exclusive remedy bars a lawsuit filed by a mechanic against the owner of an offshore oil platform where he worked, even though he was employed by different company, a federal appellate court ruled. The 5th Circuit Court of Appeals rejected …

5th Circuit Reasserts That Bad Faith Not Necessary to Win Interest Penalty Against Texas Insurers

A Houston plaintiff’s attorney defeated State Farm Lloyd’s for the fourth time on the same issue, this time coming away with a federal appellate court ruling that policyholders don’t have to prove that their insurer acted in bad faith in …

5th Circuit: Carrier Must Defend Against Claim Despite Policy Exclusion

Texas law requires an insurer to defend the grandparents of a 10-year-old boy who was killed while driving their all-terrain vehicle against a negligence lawsuit, even though the carrier says neither the boy nor the crash was covered by its …

Economic Loss Rule Bars Insurer Recovery for Utility’s Damaged Turbine

The economic loss rule established by Texas courts bars recovery for an insurance company that sought nearly $8 million in damages from a company that installed faulty software that led to extensive damages to an electric utility’s generating equipment, a …