Friday, January 30, 2015
   
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

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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All I Want for Christmas is a Drone!

I buy my son a remote-controlled helicopter every Christmas. It’s just one of many quirky traditions in my family. Because my son is now officially an adult (if 30 years old qualifies as adulthood), I thought he might enjoy an upgrade this year. So, I investigated drones. I was surprised to find a varied selection of drones equipped with different technological abilities like high-powered cameras, infrared sensors, facial recognition technology, license plate readers, and complex autonomous anti-collision systems. 

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Ebola :: The Insurance Side Effects

With the entrance of the Ebola virus into the United States this year, we have become acutely aware of public health issues raised by the threat of an outbreak, yet the potential economic impact of this virus and the associated need for proper risk management has not been considered as closely. The economic implications of the Ebola outbreak could be epic—the World Bank Group forecasts the affected countries’ economic loss to reach $32.6 billion by the end of the year.

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Looting in the Wake of the Ferguson Decision :: What Business Owners Need to Know About Their Insurance Policies

Reports of looting and violent protests in major cities followed the grand jury’s decision not to bring criminal charges against Officer Darren Wilson for the August shooting of 18-year old Michael Brown in Ferguson, Missouri. While business owners may be concerned about the safety of their property in high-risk areas, many may not have thought about whether damages arising out of acts of vandalism are covered by insurance. In fact, what’s not covered might come as a big surprise.

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SCOT Confirms the “No-direct-action” Rule Applies to Non-monetary Claims for Declaratory Relief

In a per curiam opinion issued Friday, the Texas Supreme Court confirmed third-party plaintiffs do not have standing to assert claims for declaratory relief against a liability insurer before establishing the insurer’s legal obligation to pay damages . 

In In re Essex Insurance Company, the Court granted Essex’s request for mandamus relief after the trial court refused to dismiss declaratory judgment claims filed by Rafael Zuniga in a personal injury suit Zuniga filed against San Diego Tortilla (“SDT”).   Zuniga lost his hand while operating a tortilla machine at SDT’s manufacturing facility.  Zuniga alleged that he was working as an independent contractor at the time of the injury, not as SDT’s employee.  

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Please visit our web site at www.amystewartlaw.com.
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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, 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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