Texas Supreme Court News

Texas High Court Establishes Clear Rules for Breach of Contract, Bad Faith Suits Against Insurers

In an effort to clear up confusion as a result of past decisions, the Texas Supreme Court announced five rules that “address the relationship between contract claims under an insurance policy and tort claims under the Insurance Code.” The clarification …

Texas Supreme Court Upholds Anti-Concurrent-Causation Clauses in Property Policies

The Texas Supreme Court in JAW the Point, LLC v. Lexington Ins. Co., 460 S.W.3d 597 (Tex. 2015) held, on first impression, that losses incurred in demolishing and rebuilding property damage resulting from Hurricane Ike to comply with city ordinances …

Texas High Court Finds No Direct Action Rule Can Apply to DJ Actions Brought Against Insurers in Some Cases

The general rule in Texas is that injured parties cannot sue the tortfeasor’s insured directly until the insurer’s liability has been finally determined by agreement or judgment. See, e.g., Angus Chemical Co. v. IMC Fertilizer, Inc., 939 S.W.2d 138 (Tex. …

Texas High Court Says Parade Crash Trial to be Heard in Midland

The Texas Supreme Court has ruled a negligence lawsuit stemming from the fatal collision of a train with a veterans’ parade float in Midland in 2012 should be heard in Midland County. The Midland Reporter-Telegram reports the state’s highest civil …

Texas Supreme Court Reins in Contractual Liability Exclusion on CD Claims

Over the past several years in Texas, there has been considerable uncertainty among carriers and policyholders over the scope of the contractual liability exclusion (exclusion b) in the standard CGL policy as it relates to garden-variety breach of contract claims …

Texas High Court Rules in Favor of Contractor in Contractual Liability Exclusion Dispute

The Texas Supreme Court issued a key ruling Friday that should boost consumer confidence in the liability insurance coverage that builders and general contractors carry. Writing for the court, Justice Phil Johnson denied an insurance company’s attempt to avoid paying …

Deciphering the Texas Supreme Court’s Decision in Lennar v. Markel

When the Texas Supreme Court decides to look at controversial insurance coverage issues, you can assume that their decisions will never be boring. Such was the case in its Aug. 23 decision in Lennar Corp. v. Markel American Insurance Co. …

No Bad Faith in the Workers’ Compensation Context

Texas Supreme Court Puts an Exclamation Point on its Prior Case Two recent decisions from the Texas Supreme Court establish that there is no common law bad faith in Texas regarding workers’ compensation claims. The Texas Supreme Court in Texas …

Texas Court Says Bereaved Dog Owners Can’t Sue

Man’s best friend is priceless. But a dog gone is worth nothing in Texas. The Texas Supreme Court upheld Friday that bereaved dog owners can’t sue for emotional damages when someone else is to blame for the death of a …

Texas Supreme Court Takes Up Contractual Liability Issue, Again

One of the most fascinating aspects of writing about insurance litigation is that often issues that we discuss seem to be “finally” decided, only to reappear again. For instance, previously for Insurance Journal we discussed a landmark case involving the …