Tuesday, October 24, 2017
   
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All posts tagged 'insurance coverage litigation'

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

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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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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Amy Stewart Named to ‘Best Lawyers in America’

Amy Elizabeth Stewart has been selected for inclusion in The Best Lawyers in America 2013 for her work in Insurance Law. To compile the list, Best Lawyers, the oldest peer-review publication in the legal profession, conducts a rigorous, peer-review survey that includes more than 4 million confidential evaluations by other lawyers in the same and related specialties. Best Lawyers asks attorneys who they would refer cases to if they were unable to handle a matter themselves. “I’m ha ......

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Amy Stewart Presents Insurance Coverage CLE

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will present a continuing legal education seminar on Friday, Sept. 21, at the Texas Bar CLE’s 4th Annual Business Torts Institute. Ms. Stewart’s presentation on Insurance Coverage Issues will cover duty to defend, reservation of rights, and failure to place coverage by the broker. It provides a half hour of CLE credit. The entire, two-day course provides 13.25 hours of CLE, including 2 hours of ethics. It is held at the Hilton Dal ......

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Conflicts and Ethical Issues in the Tripartite Relationship

Amy Stewart’s presentation on the ethical considerations in the tripartite relationship is available here. Ms. Stewart has spoken and written extensively on this issue, most recently at a June 19 event for in-house counsel.  The tripartite relationship is the relationship between the insurer, its insured and defense counsel engaged by the insurer to represent the insured in a potentially covered third-party claim. The presentation, “Navigating the Ethical Current: Evaluating Conflicts an ......

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Amy Elizabeth Stewart Speaks on Ethical Issues in Tripartite Relationships

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will discuss the ethical landmines present in the tripartite relationship among an insurance company, its insured, and insurance defense counsel.   Her presentation, “Navigating the Ethical Current: The Tripartite Relationship,” is at 3 p.m. on June 19 at Pappadeaux Seafood Kitchen, Alexander Room, 18349 Dallas Parkway (at the North Dallas Tollway and Frankford). Ms. Stewart is one of three speakers presenting on behalf of Counsel On ......

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Navigating the Ethical Current :: Conflicts of Interest in the Tripartite Relationship (Part Two)

This is the second post in a four-part series analyzing the competing interests inherent in the tripartite relationship, which has long been recognized as "a source of unending ethical, legal, and economic tension.”  State Farm Mut. Auto. Ins. Co. v. Traver, 980 S.W.2d 625, 633 (Tex. 1998) (Gonzales, J., dissenting).  This post focuses on conflicts of interest commonly encountered in the tangled relationships between and among defense counsel, the insured, and the insurer.
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Who Chooses Defense Counsel?

When an insured has liability insurance that is triggered by a lawsuit, the policy often requires the insurer to provide the insured with a defense against the lawsuit, in addition to covering some or all of a settlement or judgment.  If the insurer has a “duty to defend,” it typically has the right to make strategic decisions regarding the defense of the lawsuit, including the right to choose the lawyer who will represent the insured.  Whether an insurer has the right to conduct its i ......

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Navigating Insurance Coverage Issues :: Recent Article in Headnotes

Headnotes, the Dallas Bar Association's monthly periodical, recently published Amy Elizabeth Stewart's article, "Navigating Insurance Coverage Issues: What You Need to Know" in the December 2011 issue, focusing on business litigation.  The article provides an overview of issues pertinent to business litgators handling lawsuits that may have triggered insurance policies held by the defendants in the case....

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Too Many Claims, Not Enough Insurance :: Priority of Payment Issues, Revisited

The challenges associated with prioritizing payments under insurance programs with insufficient limits continue to surface in financial crisis litigation.  Claims arising out of the Lehman Brothers bankruptcy, seeking billions of dollars in damages, recently forced consideration of this difficult issue.  In August 2011, former directors and officers of failed financial giant Lehman Brothers Holdings Inc. (LBHI), including ex-CEO Richard Fuld, agreed to pay $90 million to settle a single securiti ......

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What is a Claim? Expanded Coverage for Government Investigations and Enforcement Actions

As enhanced regulations and the Dodd-Frank whistleblower incentives begin generating an increase in SEC investigations and enforcement actions, insurance companies are offering expanded coverage for the cost associated with defending against governmental investigations.  See Kara Altenbaumer-Price, MBIA Case: Second Circuit Takes Broad View of Investigations Coverage Under D&O Policy, SAGACITY (USI, Dallas, Tex.), Sept. 30, 2011 (copy with author).  From the insured’s standpoint, the inv ......

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Amy Elizabeth Stewart to Moderate Insurance Presentation at the Third Annual Business Torts Institute Presented by Texas Bar CLE

Amy Elizabeth Stewart, founder and shareholder of Amy Stewart PC, has been selected to moderate a panel discussion at the 2011 Texas Bar CLE Business Torts Institute.  This annual event was created in 2008 and is co-sponsored by the Litigation Section of the State Bar of Texas.  Amy’s panel of presenters will discuss “What Every Business Tort Lawyer Should Know About Insurance Coverage.”  Panelists include Veronica Bates of Hermes Sargent Bates, Michael Huddleston from Shann ......

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Too Many Claims, Not Enough Insurance :: Priority of Payment Issues

Given the extraordinary cost of defending financial crisis claims and the unprecedented damage models implicated in many such lawsuits, the potential litigation exposure faced by an insured defendant often dwarfs the limits of even comprehensive insurance programs.  With too many claims and an unmanageable number of insureds, the practical problem is that the available insurance may be grossly insufficient to defend and resolve the pending claims against insured persons.  This raises the issu ......

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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, 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
  • advice | insurance disputes
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