Tuesday, October 23, 2018
Insurance Sidebar :: Amy Stewart PC’s Law Blog on Insurance Coverage Issues Minimize

Category: Insurance Coverage Litigation

Amy Elizabeth Stewart to Present at Advanced Insurance Law Course

Amy Elizabeth Stewart, of Amy Stewart PC, along with David H. Timmins, of Gardere Wynne & Sewell, and Alan D. Freudenheim of Firemans' Fund Insurance Company, will present "A Practical Guide to Common Ethical Dilemmas for Coverage Lawyers and Defense Counsel" at the Texas Bar CLE's Advanced Insurance Law Course 2014.  The panel discussion is scheduled for 12:15 p.m. on Thursday, April 24 at the Westin Oaks in Houston, Texas. The 45-minute presentation provides .75 ...

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Shelbi Barnhouse Named to Texas Super Lawyers' 2014 Rising Stars List

DALLAS--Texas Super Lawyers has named insurance coverage and business litigation lawyer Shelbi Barnhouse, of Dallas’ Amy Stewart PC, on its 2014 Rising Stars list. This is Shelbi's fifth year to be included amongst this

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Amy Elizabeth Stewart Elected to American College of Coverage and Extracontractual Counsel

DALLAS—Insurance coverage litigation boutique law firm Amy Stewart PC is pleased to announce that firm founder and managing shareholder Amy Elizabeth Stewart has been elected to The American College of Coverage and Extracontractual Counsel (ACCEC) by a unanimous vote of the ACCEC Board of Regents. The ACCEC is an organization comprised of prominent insurance coverage counsel, representing the interests of both insurers and policyholders, for the purpose of improving the quality of the practice of insu ...

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Construction Industry Prevails :: Texas Supreme Court Limits Scope of Contractual Liability Exclusion

On Friday, January 17, 2014, the Texas Supreme Court ruled that construction defect lawsuits alleging faulty workmanship are generally covered under a commercial general liability, concluding that the contractual liability exclusion does not operate to preclude coverage for defective work. The high court’s unanimous opinion in Ewing Construction Company v. Amerisure Insurance Company provides significant reassurance to both property owners and contractors that the liability insurance pur ...

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For Five Consecutive Years, Amy Elizabeth Stewart Has Been Included on the Texas Super Lawyers’ List

Texas Super Lawyers has once again included Amy Elizabeth Stewart on its list of the state’s most highly-regarded attorneys. This year marks Ms. Stewart’s fifth consecutive year on the list, recognized for her work in insurance coverage law.

Super Lawyers was recently awarded a patent for its multi-phase selection process that considers twelve distinct indicators through third-party research, peer nominations and evaluations, as well as professional achievements. This process highlights Super Lawyers' dedication to credibility and impartiality when bestowing this special recognition.

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Fifth Circuit Withdraws Deepwater Horizon Opinion, Certifying Questions Regarding Scope of “Additional Insured” Coverage to Texas Supreme Court

In a unanimous decision on rehearing, the Fifth Circuit on Thursday withdrew its March 1, 2013 opinion in the Deepwater Horizon coverage litigation, which held that BP PLC (“BP”) had unlimited access to coverage as an additional insured on policies issued to the company that owned the offshore drilling unit. In re Deepwater Horizon, 710 F.3d 338 (5th Cir. 2013). Transocean Holdings, Inc. (“Transocean”) owned the Deepwater Horizon, a semi-submersible, mobile offshore drilling ...

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Insurance 101: Florida High Court’s Ruling on Policy Ambiguity in Washington National v. Ruderman

In jurisdictions across the country, courts and practitioners alike grapple with issues of policy interpretation when the litigants disagree about the meaning of an insurance contract.

Courts typically apply generally applicable rules of contract interpretation in the insurance context. When the parties advance different policy interpretations in the context of a coverage dispute, issues arise. If the court agrees that competing interpretations are both reasonable, the policy is ambiguous as a matter of law. Then what?

The practical challenge for litigants and their counsel in any jurisdiction is determining how the court will approach conflicting interpretations

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Insurance 101: Insurance-Specific Rules for Policy Interpretation

Although the interpretation of an insurance policy is typically governed by the general rules of contract construction, some rules contain insurance-specific nuances. Each of these rules gives some advantage to the insured, on the theory that the insurer is in the best position to avoid a dispute regarding the policy’s meaning in the first instance.

Of the three rules discussed here, the doctrine of “reasonable expectations” is arguably the most insured-protective rule, triggered by confusing policy language or deceptive conduct by the insurer. Many courts adhere to the notion that exclusionary clauses, on which the insurer bears the burden of proof, should be construed narrowly in favor of coverage. Finally, at some point in the interpretative process, courts in most jurisdictions resort to the doctrine of contra proferentem—automatic construction of the policy against the insurer. These rules may be applied in connection with or after the court makes a determination of ambiguity.

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Insurance 101: Interpretation of Insurance Policy in the Eyes of the Courts

With annual global insurance premiums totaling nearly $5 trillion,[1] policyholders are focused on making sure they receive the benefit of their bargains with the insurance industry.  Add to that the fact that insurance policies aren’t the easiest documents to read and understand, and it’s not surprising that courts and practitioners alike wrestle with issues of policy interpretation in jurisdictions across the country. The basic interpretive guidelines are widely recognized by courts in most states. But when a dispute arises as the result of plausible competing interpretations, the analysis begins to unravel as courts seek to reach the “right” outcome in each case.

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Shelbi Barnhouse and Amy Kincaid Berry Join Amy Stewart PC

Amy Stewart PC is pleased to announce that Shelbi Barnhouse and Amy Kincaid Berry have joined the firm as Of Counsel.


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Guest Post :: Carrier Loses Wage & Hour Coverage Suit for Failing to Properly Announce Reduction in Coverage During Renewal

A recent California federal court decision highlighted the importance to carriers of making sure insureds understand the coverage limitations of the insurance policies they are buying, particularly when coverage changes year to year.  In Classic Distributing and Beverage Group v. Travelers, the court ordered the carrier to cover  a wage and hour suit despite an exclusion to the contrary because the carrier failed to properly inform the insured that the coverage did not exist.

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Much Fun Was Had at Book Launching Party

We had a beautiful time at our Book Launching Party a few weeks ago. Check out the gorgeous photos here.

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'Texas Insurance Coverage Litigation' Book Launching Party

Please join us at the Book Launch Party for Amy Stewart’s new book, “Texas Insurance Coverage Litigation: The Litigator’s Practice Guide,” on Tuesday, Nov. 27, 5:30-7:30 p.m. at the Central 214 at the Palomar Hotel, 5680 N. Central Expressway.

We’ll have hors d’oeuvres, wine and complimentary valet. If you can join us, please RSVP.

Can’t make the party but would like the book? Click here to order and get 20% off before the end of November!

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Amy Stewart Presents ‘Insurance 101’ to DBA Corporate Counsel Section

Amy Elizabeth Stewart, of Dallas’ Amy Stewart PC, will present “Insurance 101: Fundamentals of Liability Insurance for In-House Counsel” to the Dallas Bar Asociation’s Corporate Counsel Section on Tuesday, Nov. 6 at noon at the Belo Mansion, 2101 Ross Ave. The one-hour presentation provides one hour of MCLE credit. There is no charge for DBA members, although there is a lunch buffet available for purchase. Non-members must pay a fee in order to receive MCLE credit. For more info ...

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‘Patent Troll’ Insurance: Will it Help or Hurt?

According to Business Insurance (free registration required), Aon Risk Solutions is teaming up with RPX Insurance Service Inc. to offer up to $2.5 million in coverage against non-practicing entities, a.k.a. patent trolls, the bane of the technology industry. Patent trolls--firms that are established for the sole reason of purchasing patents and suing over their alleged infringement--are a growing problem, Business Insurance reports: According to RPX, the number of patent infringement ...

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Please visit our web site at www.amystewartlaw.com.
About Minimize
Amy Stewart Law is a boutique law firm that represents policyholders exclusively 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.

Practice Areas Minimize
  • insurance coverage litigation
  • bad faith litigation
  • policy interpretation & analysis
  • insurance review & planning advice
  • advice | insurance disputes
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