U.S. Govt. Asks Court to Immediately Lift Stay on COVID Vaccine Rule November 23, 2021 By Tom Hals The U.S. government asked a federal appeals court to immediately lift a court-ordered stay on a sweeping workplace COVID-19 vaccine...
‘Ambiguous’ Flood Deductible May Cost Carriers That Insured New Orleans Hotel September 29, 2021 By Jim Sams The redevelopment of the historic Jung Hotel and Residences in downtown New Orleans flooded four times before renovations were complete....
5th Circuit: Cal-OSHA Has Jurisdiction Over Texas Trucking Co. for Work Safety Violations June 14, 2021 By Jim Sams A federal appellate court rejected a Texas trucking company’s attempt to force a California state agency to pursue a $6,180...
5th Circuit: Insurer Liable for Harvey Damage Despite ‘Creative’ Policy Language and ‘Legal Gotcha’ March 8, 2021 By Jim Sams While Hurricane Harvey dumped 60 inches of rain on the Houston area in August 2017, the authority that operates the...
5th Circuit: Oil Platform Worker’s Longshore Act Claim Barred by Exclusive Remedy November 13, 2020 Exclusive remedy bars a lawsuit filed by a mechanic against the owner of an offshore oil platform where he worked,...
5th Circuit Reasserts That Bad Faith Not Necessary to Win Interest Penalty Against Texas Insurers September 18, 2020 By Jim Sams A Houston plaintiff’s attorney defeated State Farm Lloyd’s for the fourth time on the same issue, this time coming away...
5th Circuit: Carrier Must Defend Against Claim Despite Policy Exclusion July 22, 2020 By Jim Sams Texas law requires an insurer to defend the grandparents of a 10-year-old boy who was killed while driving their all-terrain...
Economic Loss Rule Bars Insurer Recovery for Utility’s Damaged Turbine April 9, 2020 By Jim Sams The economic loss rule established by Texas courts bars recovery for an insurance company that sought nearly $8 million in...