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Insurer Seeks to Avoid COVID-19 Business Interruption Class Action in Washington Federal Court

Given the nationwide momentum in COVID-19 related BI claims, it is important to keep an eye on the classes on-file and how courts deal with the insurers’ arguments to strike them.  In Germack v. The Dentists Insurance Co., case number 2:20-cv-00661, in the U.S. District Court for the Western District of Washington, the insurer, The…
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Recent PA Supreme Court Decision Upholding Governor’s Declaration of Natural Disaster Has Potential To Advance Arguments for Business Interruption Claimants

The business interruption litigation arena is heating up and a recent Pennsylvania Supreme Court decision certainly has the potential to advance the ball for policyholders seeking coverage for lost business income and extra expense as a result of COVID-19 even though it did not involve an insurance dispute.  In Friends of DeVito, et al. v….
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Texas Supreme Court Creates Exception to the “Eight-Corners Rule”

Generally, insurance contracts will include a “duty to defend”, which gives an insurer both the right and obligation to defend a policyholder against lawsuits. To determine whether this duty exists, Texas courts use the “eight-corners rule”. This rule limits courts to the terms of the policy and the pleadings against the insured when deciding whether…
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Texas Supreme Court Confirms Prompt Payment Protections for Appraisal Awards – Another Win for Policyholders

One source of protection for policyholders is the Texas Prompt Payment of Claims Act (TPPCA), which places various deadlines on an insurance company’s claims processing. In order to encourage that claims are timely paid, the TPPCA penalizes insurers who break those deadlines. Recently, the Texas Supreme Court decided several cases which raised the question of…
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Review Your Business Policy NOW: Recently Filed COVID-19 Business Insurance Cases Signal the Start of Coverage Litigation

With a record number of Americans filing for unemployment (about 3.3m) amid the COVID-19 crisis, the economic fallout is beginning to be felt by employers and employees alike. Now more than ever, business owners should be analyzing their financial health and determining what course of action to take going forward, particularly in the short term….
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Business Interruption Insurance and The Coronavirus: What Does It Mean to Small Businesses Everywhere?

There is no question the coronavirus will have lasting impacts upon just about every aspect of our lives—health and safety, social, emotional, and economic.  This virus may likely be our generation’s defining moment that we will teach our kids and grandkids about for decades to come. The economic toll of the virus on small businesses…
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Texas Supreme Court Confirms “Eight-Corners Rule,” A Win For Policyholders

Why Hire An Insurance Attorney?

The “eight-corners rule” has often been cited in Texas courts by insurance lawyers for the proposition that an insurer’s duty to defend is determined by the claims alleged in the petition and the coverage provided by the policy.  The “eight-corners” refers to the four corners of the policy and the four corners of the petition. …
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Warehouse Explosion Shakes Houston Leaving Behind Tremendous Damage

A warehouse explosion in west Houston caused multiple people to jolt out of bed this Friday morning as reports show the event left excessive damage and could be felt miles away. The incident happened at 4:30 A.M inside the Watson Grinding and Manufacturing factory, which makes valves and provides thermal-spray coating for various professional equipment….
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Dallas Is Still Handling Damage from October Tornadoes

It was on October 20th, 2019 when many Texans had their daily lives changes forever. That Sunday night a recorded 10 tornadoes tore through the North Dallas area. The National Weather Service surveyors determined that the tornadoes were on the ground for more than 15 miles and tore up a path of about three-quarters of…
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TWIA Wind Insurance Rate Analysis

twia rate analysis

It’s not surprising that storm-related insurance rates are increasing with the growing frequency of severe storms along the coast of Texas. Included among growing insurance claims in Texas are wind damage issues.   Nearly every year the Texas Windstorm Insurance Association (TWIA) gears up for their annual August gathering and their rate analysis determines that the…
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