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Category Archives: Insurance Defense

BusPlan

Texas Federal Judge Sides with Insurance Company in COVID Business Interruption Claims

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

COVID-19 has led thousands of businesses to file interruption claims with their insurance companies, seeking to have them cover losses they sustained due to the pandemic and associated closure orders, including here in Texas. Yet insurance companies have had no choice but to deny these claims, as business interruption insurance is designed to cover… Read More »

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Fifth Circuit Reverses Important Insurance Defense Decision, Opening The Door to Insurers Having Duty to Defend Based On Fraudulent Petitions

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

After ruling on a different issue in the same case almost one year ago, in late July, the Fifth Circuit Court of Appeals made a very important insurance coverage decision by ruling in favor of appellants and reversing the United States District Court for the Northern District of Texas’ decision in favor of the… Read More »

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Texas Business Owners Take Insurance Companies to Court Over Business Interruption Claims

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

As we previously mentioned, a wave of insurance litigation was expected in response to Texas business owners being informed by their insurance companies that their business interruption insurance policies did not cover business closures and associated financial loss due to the COVID-19 crisis, which includes mandatory stay-at-home orders. That prediction came to fruition in… Read More »

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Texas Supreme Court Affirms That Insurer’s Duty to Defend Is Determined Solely by Pleadings & Language in Insurance Policy

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

In late March, the Texas Supreme Court affirmed a longstanding industry rule, known as the “eight-corners rule,” in an insurance defense case, Richards v. State Farm Lloyds. The rule prohibits the consideration of evidence considered to be extrinsic to the insurance policy and pleadings in a case in determining an insurer’s duty to defend…. Read More »

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A New Wave of Insurance Defense Litigation Arrives with The Coronavirus

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

A new wave of insurance defense efforts are expected in response to policyholders fighting denied claims for years to come due to the damage that the coronavirus has and continues to inflict on US and global businesses, placing insurance companies at risk and stuck in litigation over liability lawsuits. According to the Organization for… Read More »

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Texas Supreme Court Will Consider Important Case Involving Insurance Companies’ Duty to Defend Fraud

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

In January, the Texas Supreme Court agreed to hear an important insurance defense case concerning whether or not an exception to the state rule governing insurers’ duty to defend policyholders as a matter of law existed in a case whereby the insured fraudulently informed all of the relevant parties that she was the one… Read More »

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Sexual Abuse Liability Coverage & Duty to Defend in Texas Insurance Defense

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

The issue of insurance defense litigation when it comes to sexual misconduct claims has been an emerging issue of late in the wake of the Harvey Weinstein scandal, where insurers – after a lengthy battle – agreed to pay approximately $47 million to settle the civil lawsuits brought against the producer. Coverage of sexual… Read More »

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 »

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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 »

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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 »

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Brownsville, TX 78520

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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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