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All posts tagged 'HB 1774'

Check out all of the posts tagged with 'HB 1774' below. If you still can't find what you are looking for, try using the search box.

2017 Brought Wins, Losses for Insurance Policyholders

Last year was a busy one in insurance world. The Texas Legislature passed HB1774, which could profoundly change the balance of power betweenTexas Bar Today policyholders and insurance companies—and not to the benefit of policyholders.

The courts were also busy, offering policyholders a mixed bag of wins and losses. The Texas Supreme Court issued important decisions in USAA Texas Lloyds Co. v. Menchaca and Great American Insurance Co. et al. v. Hamel; the 14th Court of Appeals weighed in on Wyly v. Integrity Insurance Solutions; and the United State Court of Appeals for the Fifth Circuit issued its ruling in AIG Specialty Ins. Co. v. Tesoro Corporation.


Amy Elizabeth Stewart presented a rundown of these important cases and legislation earlier this month at the Litigation Update Institute, co-sponsored by Texas Bar CLE and the Litigation Section of the State Bar of Texas. Below is the accompanying text. A downloadable pdf version of the materials can be found here.



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New Texas Hail Law Restricts Property Policyholder Rights Far Beyond Hail Claims

On May 26, Gov. Greg Abbott signed into law House Bill 1774, a tort-reform bill that limits a policyholder’s ability to sue its insurer for mishandling property claims arising from natural disasters. Designed to curb the exploitation of storm victims and insurance companies by the plaintiff’s bar, the new law significantly undercuts incentives for insurers to act responsibly, while making it more difficult for policyholders to hold insurers accountable for improper delays and failing to pay claims.Although popularly referred to as a “hailstorm” bill, the law applies more broadly to any “first-party claim . . . made by an insured” under a property insurance policy that “arises from damage to or loss of covered property caused, wholly or partly, by forces of nature, including an earthquake or earth tremor, a wildfire, a flood, a tornado, lightning, a hurricane, hail, wind, a snowstorm, or a rainstorm.” Tex. Ins. Code § 542A.001(2).

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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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