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Category Archives: Insurance Defense

Cyber

With New Technology Comes a Changing Risk & Liability Landscape

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

While new technology promises to solve a number of human error-related problems in our everyday lives, it also carries with it a huge liability and insurance claim risk. For example, while workplace and auto accidents are expected to reduce over time due to the incorporation of new technology, cyber risk liabilities are expected to… Read More »

LaptopGavel

Company Seeks Declaratory Judgment Relieving It of Liability In Connection With Shooting

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

MGM’s decision to sue 1,000 victims of the Las Vegas shooting last year has left many perplexed, wondering why a company would want to do that. In fact, companies will sometimes seek a declaratory judgment in a case like this in order to protect themselves from corporate liability in a variety of insurance defense… Read More »

Legal4

Major Changes Coming to Texas Insurance Policies

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

On August 6, Blue Cross and Blue Shield of Texas began a new program that could very well lead to a number of new insurance defense cases. Specifically, the companies have announced that they may deny payment for certain out-of-network emergency room visits if it is determined that the patient should have gone elsewhere… Read More »

GavelBooks

Texas Supreme Court Makes Important Decisions Regarding Insurance Disputes

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Below, we discuss two important insurance contract decisions made by the Texas Supreme Court this summer: Arbitration Clauses in Insurance Contracts The Texas Supreme Court recently decided that a party to an insurance policy that mandates arbitration is not required to enter into arbitration in a dispute that involves another party which is not… Read More »

BooksGavel

Texas Supreme Court Clarifies Rules Governing Insurance Bad Faith Claims & Damages

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

Insurance bad faith claims can be complicated in the state of Texas, as recently highlighted by a recent Texas Supreme Court decision. Yet the case also highlights some important “rules” pointed concerning the Texas Insurance Code, as we discuss in greater detail below. The case involved insurers and practitioners faced with statutory bad faith… Read More »

GavelBooks

Sexual Misconduct Claims & Insurance Defense

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

In March, insurance companies involved in providing Harvey Weinstein with insurance refused to pay for his legal defense involving accusations and sexual harassment and sexual assault. In what may perhaps be a new type of insurance defense case, Chubb Indemnity Insurance Co. and several other units have specifically asked a state supreme court to… Read More »

Legal3

Service of Process on Social Media?

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

When a plaintiff files a civil lawsuit in Brownsville or anywhere else in Texas, the Rules of Civil Procedure require that a defendant be personally served with the Complaint. This is known as “service of process.” Unfortunately, service of process can get complicated if there is multi-party litigation or an out-of-state or international party… Read More »

Lawsuit3

Viability of a Post-Injury Waiver as a Defense to a Tort Claim

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

One of your employees claims they were injured while at the workplace. Immediately, your mind is likely inundated with thoughts of liability, insurance, and litigation. But what if the employee signs a waiver of liability, post-injury? Is this considered a valid, enforceable waiver under Texas law? The answer is – quite possibly.  The Case… Read More »

Business

Insurance Coverage For Negligent Acts Of Employees And Other Business Personnel

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

If you own a business, there is a good chance you have an insurance policy to help limit your liability exposure if a customer or other individual files a civil claim against you due to the negligent acts of an employee. For example, many business owners carry some form of general liability coverage that… Read More »

Insurance4

Texas Supreme Court Holds Loss of Use Damages Award Valid

By Colvin, Saenz, Rodriguez & Kennamer L.L.P. |

For many years, the legal principle in Texas civil courts was that a damages claim alleging loss of use was not recoverable when the property alleged to lack any use was destroyed. However, the Texas Supreme Court turned this precedent upside down in a 2016 case. See J&D Towing, LLC v. Am. Alternative Ins…. Read More »

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Edinburg, TX 78539

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Colvin, Saenz, Rodriguez & Kennamer L.L.P., represents clients throughout South Texas and the Rio Grande Valley, including people living in Brownsville, Harlingen, McAllen, Edinburg, Laredo, Corpus Christi, San Diego, Alice, Kingsville, Rio Grande City and other communities in Hidalgo County, Duval County, Jim Wells County, Kleberg County, Starr County, Cameron County, Webb County and Nueces County. -Site Map-

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