Category: Insurance Defense

​​A recently published legal opinion from the United States Court of Appeals for the Fifth Circuit concerns when an insurer has a duty to indemnify under Texas state law. This principle applies even if the insurance company has no legal duty to defend a tort action against the insured party. Essentially, the Court ruled that…

​​When you really stop to think about it, it’s not so hard to believe that the lines once standing between what is right and what is wrong are no longer as clear as they once might have seemed. There has been a great erosion of trust, and institutions that once might have been thought of…

​​The Texas Supreme Court recently decided an insurance policy interpretation case involving an insurance company’s denial of coverage to a claimant as an additional named insured under an umbrella liability policy. In deciding for the claimant, the Court made it clear the terms of the contract in question will determine what is intended, and those…

​​Perfluoroalkyl and Polyfluoroalkyl substances are a family of substances more commonly known as PFAS. These chemicals include thousands of different substances that are intentionally designed to be long-lasting and to make products more durable. Colloquially, PFAS are referred to as the “forever chemicals.” PFAS chemicals are used in products such as: Stain- and water-resistant fabrics…

​​In some cases, the injury from being exposed to a harm does not occur until years later. These losses do not occur all at once; instead, they happen over time. The dilemma is that the insurance policy covering these losses may have expired, and the premiums were already paid by the time the damage is realized. At that point, there may be a new insurance carrier that had not been paid premiums during the time the harm occurred.