Tag Archives: Brownsville Insurance Defense Lawyer
With New Technology Comes a Changing Risk & Liability Landscape
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 »
Major Changes Coming to Texas Insurance Policies
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 »
Texas Supreme Court Makes Important Decisions Regarding Insurance Disputes
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 »
Texas Supreme Court Clarifies Rules Governing Insurance Bad Faith Claims & Damages
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 »
Viability of a Post-Injury Waiver as a Defense to a Tort Claim
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 »
Insurance Coverage For Negligent Acts Of Employees And Other Business Personnel
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 »
Texas Supreme Court Holds Loss of Use Damages Award Valid
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 »
Assessing Whether It Makes Sense to Request a Medical Examination
If you, or your business, is the subject of personal injury litigation, one of the most hotly contested issues is the actual extent of the plaintiff’s alleged harms and losses. In many cases, the amount of damages sought by a plaintiff’s attorney is in no way indicative of the actual damages supposedly suffered by… Read More »
Challenging the Sufficiency of a Slip and Fall Claim
One of the most common forms of personal injury litigation in Texas, and across the country, is alleged premises liability. Basically, a customer claims they suffered bodily harm after slipping and falling due to an object or wet surface at your business premise. To have a viable premises liability claim, under Texas law, a… Read More »
Strategies for Defending Against a Punitive Damages Claim
In Texas, it is possible for a plaintiff to seek punitive damages (also known as exemplary damages) by alleging that you, or your insured, were grossly negligent or engaged in reckless and wanton conduct. The public policy objective of punitive damages is to “punish” the defendant by requiring them to pay above and beyond… Read More »