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

Policyholders Should Not Mourn the Death of SB 1628

Failing to make the cut for the May 26th House calendar, Senate Bill 1628 is dead.  
 

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Could Poor Cyber Risk Management Void Your Cyber Coverage?

We recently predicted cyber insurers would attempt to avoid coverage on grounds the insured failed to implement appropriate security protocols. Regrettably for policyholders, that prediction is already becoming a reality.

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Cyber Insurers Draw First Blood

Last week produced one of the first published cases interpreting a cyber insurance policy—in Travelers Prop. Cas. Co. of Am. v. Federal Recovery Services, Inc., No. 14-170 (D. Utah). Granting Travelers’ motion for partial summary judgment, the district court on May 11 decided the cyber policy was not triggered and the insurer had no duty to defend its insured.

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Texas Bill Would Harm Insurance Policyholders

A bill now pending before the Texas Legislature would dilute the incentive for insurers to do the right thing, predicts Amy Kincaid Berry, Of Counsel at Dallas’ Amy Stewart Law. By revising sections of the Texas Insurance Code that penalize insurance companies for making late or insufficient payments to policyholders, Senate Bill 1628 would “remove significant consequences for bad behavior,” Berry says.

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Amy Stewart, Tarron Gartner-Ilai Named to D Magazine 2015 Best Lawyers List

Congratulations to Amy Stewart Law Managing Principal Amy Elizabeth Stewart and Principal Tarron Gartner-Ilai, who were both named to D Magazine’s 2015 listing of the Best Lawyers in Dallas based on their expertise in insurance law.

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Vail Remains “Un-Veiled”

On March 27, 2015, the Texas Supreme Court dismissed United National Insurance Company’s petition for review of United National Insurance Company v. AMJ Investments, LLC, 447 S.W.3d 1 (Tex. App.—Houston, June 26, 2014).  This development leaves intact AMJ, which follows Vail v. Texas Farm Bureau Mutual Insurance Company, 754 S.W.2d 129 (Tex. 1988), with respect to Texas Insurance Code damages.

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The Future of Privilege Logs in a Nutshell (or E-mail Thread)

Privilege logs: the nemesis of associates (and clients) everywhere. From personal experience, I can tell you a privilege log involving thousands of entries can take up weeks of an associate’s time, costing the client tens of thousands of dollars.

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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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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, cyber insurance, fiduciary liability, professional liability and other specialty liability coverages.



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  • 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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