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Blog Posts & Articles

What is Personal Injury Protection Coverage?

Personal Injury Protection Coverage (“PIP”) is first-party coverage that is also extended to your passengers.  It covers your and your passenger’s medical bills and also includes payment for lost wages and other nonmedical costs. There is no right of subrogation associated with PIP coverage, with minimal exception, as opposed to coverage for medical payments, which is…
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What are the Basic Types of Auto Insurance Coverage Available for Purchase in Texas?

Understanding basic auto insurance coverage is important to be sure that you are in compliance with Texas law and also important to ensure you are adequately covered when an accident happens.  Here is a quick list of the eight basic types of auto insurance coverage. Liability coverage: This coverage is to cover third parties involved…
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What is Uninsured/Underinsured Motorist Coverage and What Does it Cover?

UM/UIM coverage provides coverage if you are hit by someone who did not have insurance or did not have enough insurance to pay your medical and car repair bills. It also provides cover if you are involved in a hit-and-run accident and are unable to identify the at-fault party.  The Texas Insurance Code requires UM/UIM…
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Insureds Must Segregate Damages That Occur Prior to Policy Period From Those Occurring During the Policy Period

The Northern District of Texas recently granted summary judgment in favor of an insurer where the insured failed to segregate damages occurring prior to the policy period from those occurring during the policy period.  In Frymire Home Services, Inc. v. Whitfield Capital, LLC, 2020 WL 7259335 (N.D. Tex. Dec. 10, 2020), at issue was hailstorm…
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Insured Commercial Property Owner Suffering Hail and Wind Damage to Its Roofing System Survives A Motion to Dismiss by Travelers

In Albion Invest. Inc. v. Travelers Casualty Ins. Co. of America, 2020 WL 7041817 (E.D. Tex. Dec. 1, 2020) the court considered a motion to dismiss filed by the insurer, Travelers.  Travelers sought to dismiss the claims of its insured, Albion Investments, Inc. (“Albion”).  Albion owned commercial property which was covered by a policy issued…
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Allstate Held Accountable For Unreasonable Claim Investigation But Court Fell Short Of Finding Knowing Violation of Texas Insurance Code

Allstate was recently held accountable by a San Antonio Court of Appeals for its unreasonable claim investigation; however, the court fell short in upholding an award of treble damages because it failed to find a knowing violation of the Texas Insurance Code. In Allstate Vehicle and Prop. Ins. Co. v. Reininger, 2020 WL 6928405 (Tex….
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What Should I Do After a Car Wreck?

More and more drivers are on the roads after a long absence during the pandemic.  More and more drivers mean more and more accidents.  After a car accident occurs, it is important to take some critical steps, especially if the wreck wasn’t your fault.  Here’s a quick check list: Safety and Health First. It goes…
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What to Do If Your Home or Business Sustains Hurricane Damage

As we enter what appears to be a robust and record-setting hurricane season, it is important to think about what business and homeowners should do in the event they sustain property loss as a result of a covered peril.  Here is a short list of what to do immediately after a loss: Know Your Insurance…
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A Ray of Hope to Policyholders: Coronavirus Can Amount to “Physical Loss,” Triggering Business Interruption Coverage

Despite some early rulings across the country that were adverse to policyholders, a recent ruling from a federal judge in Kansas City could be the first of many upcoming rulings in support of the business interruption policyholders’ claims against their insurers related to COVID-19. In Studio 417 Inc. et al v. The Cincinnati Insurance Co.,…
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The Houston Rockets Among Many Businesses Seeking Insurance Coverage Due to Coronavirus Closure

The Houston Rockets might be back at it in a big way with James Harden’s 49 points against the Dallas Mavericks, but the organization and the operators of the Toyota Center are embarking on a new challenge—fighting for business interruption coverage  related to COVID-19 shutdowns.  The new complaint filed on July 15, 2020, in Rhode…
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