5th Circuit Court of Appeals News

5th Circuit: Chubb Must Cover SXSW in Suit Over Cancelled 2020 Festival

The 5th Circuit Court of Appeals ruled that Chubb must cover restitution claims paid to ticket holders of the 2020 South by Southwest film festival cancelled due to COVID-19. A three-judge panel reversed a summary judgment in favor of Federal …

5th Circuit: Louisiana Statutes, not Admiralty Law, Govern Actions Against River Boat Pilots

As maritime accidents go, the collision between the M/V Strandja and the M/V Kieffer E. Bailey on the Mississippi River was hardly a catastrophe. A jury determined that damages amounted to only $114,000. But the accident did provide an opportunity …

5th Circuit Asks Whether Oilfield Law Protects Contracts for Work on Salt Mines

A federal appellate court is asking the Louisiana Supreme Court whether a law that was passed to protect oilfield contractors from demands by big oil companies that they be indemnified for their own mistakes also applies to contractors who work …

Texas Supreme Ct. Hears Arguments on Attorney Fee Awards When Appraisal Awards Are Paid

Insurance defense attorneys on Wednesday urged the Texas Supreme Court to uphold the “plain language” of a law passed in 2017 that they say precludes recovery of attorney fees in cases where the insurer pays the full amount of an …

No Duty to Defend Doesn’t Mean No Duty to Indemnify, 5th Circuit Rules

A federal appeals court has clarified, at least under the realm of Texas law, when an insurer has a duty to indemnify – even if it has no duty to defend a tort action against the insured thanks to an …

5th Circuit Asks Texas Supreme Ct. if Attorney Fees Owed After Insurer Pays Appraisal Award

A federal appellate court, grappling with conflicting decisions from federal courts, is asking the Texas Supreme Court to decide whether attorney fees can be awarded to claimants when insurers pay appraisal awards plus interest owed because of the late payment. …

5th Circuit Clears Class-Action Suit in Texas Against GEICO

GEICO must defend itself against a class-action lawsuit that alleges it failed to include the cost of sales taxes and purchasing fees when it paid total loss auto collision claims in Texas, depriving policyholders of actual cash value. A panel …

5th Circuit Revives Investor Lawsuit Against Six Flags over Failed China Deal

Executives for Six Flags Entertainment Corp. told investors that licensing fees from 11 new theme parks in China could add $60 million annually to the company’s earnings. Instead, cancellation of the projects forced the company to deduct $15 million from …

5th Circuit: Builder’s Risk Insurer May Recoup Payment for Damage to Docking Facility

A doctrine that prevents parties from seeking reimbursement for intangible economic losses caused by maritime negligence doesn’t prevent an insurer from recouping $1.7 million it paid to a policyholder for damage to a structure used to moor boats, a panel …

U.S. Govt. Asks Court to Immediately Lift Stay on COVID Vaccine Rule

The U.S. government asked a federal appeals court to immediately lift a court-ordered stay on a sweeping workplace COVID-19 vaccine rule to avoid “enormous” harm to public health, or alternatively to allow a masking-and-testing requirement, according to a court filing. …