Texas Supreme Court News

Texas Supreme Ct. Reverses Sanctions, Finds Carrier Had Right to Medical Records in UIM Case

The Texas Supreme Court on Friday reversed a Dallas County judge’s decision to sanction an insurer for making an “overbroad” discovery demand, finding that the carrier had a valid interest in the medical records of a claimant who had been …

Texas Supreme Court to Hear Arguments in Challenge to Public Adjuster Law

Insurers and the Texas Department of Insurance hope to persuade the state Supreme Court to block a constitutional challenge to a law that prohibits roofing contractors from acting as public adjusters on their customers’ damage claims. The high court will …

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 …

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 …