Can a state legislatively modify an insurance policy to mandate coverage?
The COVID-19 pandemic has put business interruption & civil authority coverage in the spotlight. The New York Department of Financial Services has instructed carriers that…
Update: Law Passed to Limit Reach of Texas Anti-SLAPP Statute
The Texas “Anti-SLAPP law” was designed to allow for speedy dismissal of cases based on a defendant’s exercise of free speech or participation in civic affairs. However,…
Proposed Bill to Modify UM/UIM Claims Procedure Fails to make it out of Texas Legislature
The 2019 Texas Legislative session ended Monday, May 28, 2019 and although several significant pieces of legislation are now headed to the Governor’s desk for signing, HB 1739…
On the Road
DRIVERLESS CARS ARE DISRUPTING NORMS AND LEGAL STANDARDS We will be sharing the roadways with driverless cars before we know it. Did you know Texas recently passed a statewide law…
ERISA Disability Regulations
The Employee Retirement Income Security Act of 1974 or “ERISA” applies to most private sector employee benefit plans. Federal law already requires that participants under an…
What is EPLI Coverage and Why Should You Care?
If you own a business and have employees, you should care about EPLI or Employment Practices Liability Insurance. Many employers have workers’ compensation and employer…
GDPR’s Potential Effect on Cyber Insurance Claims
The General Data Protection Regulation (GDPR) went into effect in May. It applies to data processing by companies and organizations that operate within the European Union and…
Controversial Restatement of Liability Insurance Approved by Final Vote of ALJ
Today, the American Law Institute (ALI) voted to approve the Restatement of the Law, Liability Insurance. According to ALI’s press release, “The draft has four…
Menchaca Holding Affirmed on Rehearing, with Additional Clarification
Today the Texas Supreme Court issued its opinion on rehearing in USAA Texas Lloyds Co. v. Menchaca confirming the Vail principle that policy benefits wrongfully withheld can be…
Punitive Damages are not “damages for bodily injury”—Holding Stands as Court Denies Rehearing En Banc
In Farmers Tex. Cty. Mut. Ins. Co. v. Zuniga, No. 04-16-00773-CV, 2017 WL 5471887 (Tex. App.—San Antonio Nov. 15, 2017, reh’g en banc denied), the court considered whether…