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 …
An insurer that reached a settlement with a motorist who caused a crash cannot deny a underinsured motorist claim on the basis that its policyholder failed to comply with the terms of her auto policy by not filing a subrogation …
The Kentucky Supreme Court in Hollaway v. Direct General Ins. Co. Mississippi Inc., 497 S.W. 3d 733 (Ky. 2016), recently affirmed summary judgment that was granted in favor of the insurance company, finding that the plaintiff did not present a …
On October 6, 2016 the United States District Court for the Western District of Kentucky, applying Missouri law, granted a summary judgment for Travelers Property & Casualty Company of America, after holding that the injured plaintiff was not insured by …
There are two principal viewpoints on when a UM/UIM claim accrues for purposes of triggering a limitations period. The majority view holds that the accrual date is triggered upon the insurance company’s breach of the insurance contract as opposed to …
A U.S. district court in Missouri has rejected a policyholder’s strained interpretation of an “owned vehicle exclusion” standard in the underinsured motorist (UIM) coverage of automobile policies. The case, filed January 22, 2006, is entitled Walker v. Progressive Direct Ins.Co., …
Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss of use of personal property, unless the property was a total loss or destroyed, was unfair. City of Canadian v. Guthrie, 87 S.W.2d …