coverage issues News

Appraisals, Breach of Contract and Bad Faith: Is There a Connection?

One of the axioms of Texas bad faith law has always been that there is no bad faith where a carrier has not breached its duties to the insured. If you act reasonably and make a mistake, it is not …

The Next New Thing: Coverage Issues From Fracking Claims

Every few years it seems that there are predictions of a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the fear of …

The Next New Thing: Coverage Issues from Fracking Claims

Every few years it seems that there are predictions a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the fear of Y2K …

Incomplete Claim Investigations May Create Coverage Where No Coverage Exists

As a general proposition, the doctrine of estoppel cannot be used to expand or create insurance coverage where no coverage exists. See e.g., Continental Casualty Co. v. Advance Terrazzo & Tile Co. Inc., 462 F.3d 1002 (8th Cir. 2006) (interpreting …

Insurance Agents Complain FEMA Creating Confusion

Insurance agents in states along the swollen Missouri River basin say federal officials are causing widespread confusion among property owners by pushing the sale of flood insurance policies that might not cover damage from the river flooding that began this …