Sunday, March 29, 2015
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

A good day for our Shelbi Barnhouse

Sending out big congratulations to our own Shelbi Barnhouse, first for being named (once again) to the elite list of Texas Rising Stars and, second, for the impending birth of her daughter, who is due any minute now. We can’t wait to meet the newest member of her family.

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Buckle Up: More Independent Injury Turbulence

Churning the already choppy seas of Insurance Code damages case law, the Dallas Division of the U.S. District Court for the Northern District of Texas recently issued an opinion in Charla G. Aldous PC and Charla Aldous v. Teresa Lugo and Darwin National Assurance Company, supporting the Fifth Circuit’s so-called “independent injury requirement.” 2014 U.S. Dist. LEXIS 159684 (N.D. Tex. Nov. 12, 2014).

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SCOT Drills BP's Hopes of Coverage

On Friday, the Texas Supreme Court issued its much-anticipated opinion in the Deepwater Horizon coverage litigation in response to questions certified by the Fifth Circuit in 2013. In an 8-1 opinion, the Texas high court limited the scope of additional insured coverage to liability assumed by the named insured in a drilling contract.

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When is a Breach Not a Breach? Greene v. Farmers Ins. Exch. and the SCOT’s Continuing Debate over the Material-Breach Rule

Last summer, the Texas Supreme Court’s decision in Greene v. Farmers Ins. Exchange, 2014 TEX. LEXIS 757 (Tex. 2014) left many of us scratching our heads. In Greene, the Court reached the surprising conclusion – at odds with prior rulings – that the vacancy clause of a Texas homeowners policy is not “breached” by the insured’s failure to occupy the residence premises, because it does not confer an obligation upon the insured to occupy the property, but merely defines the scope of what the policy insures.

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Spanish, French and Italian are nice, but ...

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Government-backed Terrorism Insurance is Available through 2020

Congress wasted no time approving the Terrorism Risk Reauthorization Act of 2015 (TRIA 2015), making it the first piece of legislation signed by President Obama in 2015. TRIA 2015 provides federal reinsurance backstop for losses resulting from terrorism. It was originally designed to stabilize the market for terrorism insurance after the distress caused to reinsurers by the catastrophic losses after 9/11.

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Legal Forms Enhance New Edition of Amy Stewart’s ‘Texas Insurance Coverage Litigation’

The newly published edition of the leading desk reference for Texas insurance litigation now includes a valuable set of forms for use in drafting pleadings and other legal documents.

The 2015 edition of “Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law provides legal analysis, practical tips, and annotations specific to practicing before Texas courts and the 5th U.S. Circuit Court of Appeals, including a focus on third-party liability policies.


DALLAS — The newly published edition of the leading desk reference for Texas insurance litigation now includes a valuable set of forms for use in drafting pleadings and other legal documents.

The 2015 edition of “
Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law provides legal analysis, practical tips, and annotations specific to practicing before Texas courts and the 5th U.S. Circuit Court of Appeals, including a focus on third-party liability policies.
DALLAS — The newly published edition of the leading desk reference for Texas insurance litigation now includes a valuable set of forms for use in drafting pleadings and other legal documents.

The 2015 edition of “
Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law provides legal analysis, practical tips, and annotations specific to practicing before Texas courts and the 5th U.S. Circuit Court of Appeals, including a focus on third-party liability policies.

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The Fault with Insurance :: No Coverage for Earthquakes under Standard Homeowners Policy

There are currently over 30 different types of homeowners policies available for use in Texas. The three most common are the HO-A, the HO-B, and the HO-C.  Before 1997, most homeowners had the HO-B policy form. The HO-B is a comprehensive “all risk” policy that provides replacement cost coverage for all perils unless specifically excluded. Damage caused by earth movement, however, is one of the things excluded

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Multi-million Dollar Question Before the Texas Supreme Court :: Is a PRP letter from the EPA a “suit” that triggers the duty to defend under commercial general liability policies?

On January 15, 2015, the Texas Supreme Court will hear oral arguments concerning whether a “potentially responsible party” (PRP) letter from the Environmental Protection Agency (EPA) for liability for hazardous waste contamination triggers the duty to defend under commercial general liability (CGL) policies.

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Taking inventory :: An overview of corporate liability insurance

Amy Stewart and Marisa Jeffrey recently wrote an overview of corporate liability insurance for Inside Counsel magazine.

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2014 Year in Review :: Insurance Law

Here's the full text of Amy Stewart's 'Year in Review' article from the Dec. 15, 2014 Texas Lawyer.

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Red Alert on Terrorism Insurance

With insured losses reaching a record $23 billion as a result of the 9/11 attacks, businesses were unable to purchase insurance protection against future terrorist events. This left significant sectors of the economy vulnerable, including the real estate, transportation, construction, energy and utility industries. As a result, in 2002, Congress enacted the Terrorism Risk Insurance Act (“TRIA”) as government-backed reinsurance to insurance companies following a declared terrorism event. TRIA provides terrorism insurance accessibility to businesses by requiring business insurers to offer terrorism coverage for the types of claims experienced in the 9/11 attacks.

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ASL Welcomes Former GC Tracy Schrader

We are pleased to announce the addition of Tracy Schrader as Of Counsel.

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Texas Lawyer's Year in Review Features Amy Stewart

Amy Stewart was featured in the Dec. 15 issue of Texas Lawyer as their subject matter expert on insurance law. Here's an excerpt:

"While several delightfully nerdy insurance coverage issues are percolating through the courts, the most notable insurance law decision of 2014 is the Texas Supreme Court's unanimous opinion in Ewing Construction Co. v. Amerisure Ins. Co."

You can see the whole article at Texas Lawyer (if you have a subscription). 

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Insureds Pre"Vail" over the Independent Injury Rule

The pendulum seems to always swing to the left and right before it balances somewhere in the middle. For those who are old enough to remember the meteoric rise of insurance bad faith claims in the late 1980s, decisions issued in the latter part of the 1990s and beyond seemed to signal a near-anaphylactic reluctance by Texas courts to hold any insurer responsible for its conduct.

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Please visit our web site at www.amystewartlaw.com.
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About Minimize
Amy Stewart Law is a boutique law firm that represents policyholders in insurance coverage litigation and bad faith, with an emphasis in directors & officers liability, fiduciary liability, professional liability and other specialty liability coverages.



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Practice Areas Minimize
  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • mediation | insurance coverage
  • mediation | bad faith
  • advice | insurance disputes
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Amy Stewart PC | Dallas, Texas | Copyright 2015 | All Rights Reserved