Insurance Coverage
We have represented insurers in a wide variety of coverage issues, including:- Whether a payment on behalf of an insured was a payment under the policy or was a bad faith payment that did not exhaust policy limits.
- Whether an insurer acted in bad faith by denying benefits under an accidental death insurance policy where the insured’s death was either not caused by an accident or was the result of intentionally inflicted harm and therefore excluded from coverage.
- Whether a hospital gave proper notice under a claims-made policy and whether the denial of coverage was in bad faith. Tried to a favorable judgment in the Eastern District of Texas. This case is now on appeal.
- Whether an insurer’s denial of a defense obligation to a person claiming indemnity under a contract with the insured was in bad faith.
- Whether an insurer who denied first-party and third-party coverage for a pollution claim did so in bad faith or in violation of applicable statutes. This case is pending.
- Whether an insurer’s denial of a homeowner’s windstorm claim constitutes an unfair settlement practice and a breach of the duty of good faith and fair dealing.
- Whether an insurer’s denial of a Hurricane Rita windstorm claim was in bad faith.
- Whether an insurer properly canceled a worker’s compensation policy due to nonpayment.
- Whether an insurance premium finance company was liable under the Texas Insurance Code and DTPA for canceling the policy of an insured that defaulted under the finance agreement.
- Whether an injured construction worker’s negligence claims against the general contractor and non-direct employer subcontractors of a large construction project were barred by the Texas Workers’ Compensation Act because the worker collected workers compensation benefits.
Our lawyers have represented reinsurers on a variety of issues, including, (1) allocation of loss and expense with respect to multiple occurrences, multiple policies and multiple policy periods; (2) the application of aggregation and accumulation provisions found in certain reinsurance agreements; (3) reinsurance treatment of extra-contractual obligations; and (4) claims and defenses based upon misrepresentation and non-disclosure, including rescission and reformation.
We currently represent an insured in a claim for coverage under a directors’ and officers’ policy.