Texas Supreme Court News

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 …

Texas Cafe Banter Becomes Defamation Lawsuit

Bennie Dale Morris used to be a regular at Frank’s Place – eating meals and drinking coffee several times a day at the smoke-filled cafe – until the restaurant owner’s joking around got a little too personal. In fact, Morris …

Texas High Court Decision Reaffirms Bar Against Policyholder Negligence Claims

In a decision that workers’ compensation experts say is good for Texas employees and employers alike, the Supreme Court of Texas issued a unanimous opinion on January 27, 2012, that bars negligence claims against policyholders. The Port Elevator-Brownsville v. Casados …

Texas High Court Rejects Independent Adjusting Firm’s Tax Challenge

Texas’ main business tax does not violate the state constitutional ban on a personal income tax, according to a ruling by the Texas Supreme Court in late November. The Texas Legislature created the business tax, also known as the margins …