Tuesday, October 24, 2017
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Category: Insurance Coverage Litigation

3 Tips When Filing an Insurance Claim

Insurance policies can provide crucial assistance to corporate policyholders. Still, disputes between insurer and insured occasionally occur. Policyholders can take a few simple steps before a claim is filed to put themselves in the best possible position if a coverage issue arises.

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2017 Edition of Amy Stewart’s ‘Texas Insurance Coverage Litigation’ Now Available

The 2017 edition of “Texas Insurance Coverage Litigation: The Litigator’s Practice Guide” by Dallas lawyer Amy Elizabeth Stewart of Amy Stewart Law is now available for purchase. The 2017 edition includes updates on the increasingly important area of cyber insurance.

To order, visit http://lawcatalog.com/ProductDetail/17942/Texas-Insurance-Coverage-Litigation-The-Litigators-Practice-Guide

“Texas Insurance Coverage Litigation” 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. It also includes a valuable set of forms for use in drafting pleadings and other legal documents.

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How does bankruptcy affect insurance coverage, underwriting and claims?

Bankruptcy complicates everything, including insurance. To help illuminate that subject, the Professional Liability Underwriting Society (PLUS) is holding two seminars, one in Dallas on Sept. 21 and one in Houston on Sept. 22.

Amy Elizabeth Stewart will moderate both panels. She will be joined by AIG’s Daniel Navarro, Teri Martin of AmWINS Brokerage of Texas, Inc., and William Medford of Lewis Brisbois Bisgaard & Smith.

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Betwixt and Between :: Texas Supreme Court Poised to Reconcile Gandy and ATOFINA

On September 3, 2015, the Texas Supreme Court heard oral arguments in what might be one of the most important Stowers-related decisions of the decade.

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Caution :: California Court Allows Insurer to Sue Independent Counsel for Fees

The California Supreme Court recently ruled in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. that an insurer may seek direct reimbursement from independent defense counsel (referred to as Cumis counsel in California) for allegedly excessive and unreasonable fees.

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SCOTX Continues Debate Over Material Breach Rule

This week Tarron Gartner-Ilai's and Whitney Warren's in-depth article on what constitutes a material breach was published in The Journal of Texas Insurance Law, a State Bar of Texas publication. 

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The Fifth Circuit Slices and Dices Flood Claims

In late May, the Fifth Circuit decided Robert and Kerry Spong’s case against their insurer, Fidelity National Property and Casualty Insurance Co., holding that state law rights relating to an insurer’s claims handling are preempted by federal law, but those concerning the sale of the policy itself are not.

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What Cyber Insurance Lessons Did We Learn from Sony-Zurich?

Sony and Zurich recently reached a settlement in an insurance coverage dispute over the April 2011 hacking of Sony’s PlayStation network, resulting in the release of personal information of over 77 million user accounts. At the time, it was the largest data security breach in history, costing Sony roughly $178 million in lost profits.

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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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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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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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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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