Texas Supreme Court News

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. …

Texas Supreme Ct.: Exxon Covered by Contractor’s Excess Insurers

Two excess insurers may be liable for the more than $20 million that ExxonMobil Corp. paid to settle lawsuits filed by a contractor’s employees who were badly burned while working at an Exxon refinery, the Texas Supreme Court ruled. The …

No Immunity for City that Closed Flood Gate During Downpour

Eleven property owners whose homes were flooded after a city of Brownsville official closed a flood gate may proceed with their claims against the city because of a statute that waives governmental immunity for damages caused by motor-driven equipment, the …

Plaintiffs Alleging Brain Damage Must Submit to Independent Tests, Texas Supreme Ct. Rules

A family seeking $33 million in economic damages for alleged brain injuries caused by exposure to carbon monoxide must submit to a battery of neuropsychological tests by the defendant’s doctor, the Texas Supreme Court ruled. The high court on Friday …

Texas Supreme Court Validates Exception to 8-Corners Rule

For more than 50 years, insurers have known that their duty to defend a Texas policyholder from a lawsuit must be decided based only on the language of the insurance contract and the allegations made by the plaintiff. The so-called …

No Coverage Owed for $1.2 Million Loss Caused by Gold Coin Shipping Scam

A Dallas gold coins dealer cannot evade a fraudulent check exclusion in its insurance policy by putting the onus on UPS for rerouting shipments worth more than $1 million. The Texas Supreme Court ruled that UPS’ alleged mishandling of its …

5th Circuit Bars Texas From Regulating Air Ambulance Fees

A federal appellate court ruled Wednesday that the Texas Workers’ Compensation Division may not enforce a law that regulates fees charged by air ambulance companies that transport injured workers from accident scenes. The panel decision by the 5th Circuit Court …

Texas Supreme Ct. Approves Discovery for Documents Related to Medical Charges

The Texas Supreme Court ruled that a defendant in a personal-injury suit has a right to review documents regarding medical providers’ negotiated rates and costs even though the providers were not parties to the suit. The high court on Friday …

Texas Supreme Ct. Holds Declaratory Action Appropriate for Underinsured Motorist Claim

A policyholder may file a lawsuit seeking a declaratory judgment to recover from their auto insurer if their damages exceed the amount paid by the tortfeasor’s insurance carrier, a divided Texas Supreme Court ruled. The 5-4 ruling requires Allstate Insurance …

Lawsuit Alleging Fatal Restraint By Hospital Staff May Proceed, Texas Supreme Court Rules

A lawsuit that charges staffers at a Texas psychiatric hospital with violating a patient’s civil rights must comply with a state law that requires plaintiffs to submit expert reports after filing health care liability claims, even though no medical malpractice …