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Martin Disiere Jefferson Wisdom L.L.P. Document Search Results (24)

 

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HTMLAllegations against Insurance Agent Were Sufficient to Defeat Removal Based on Fraudulent Joinder - Case Remanded
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Tuesday, in Oldham v. Nationwide Insurance Company of America, 2014 WL 3855238 (N.D.Tex. August 5, 2014), United States District Judge Jane Boyle granted Plaintiff’s motion to remand a case removed to federal court based on diversity of citizenship and the alleged fraudulent joinder of a...

 

HTMLCourt Finds Settlement Obligations to Pay Mortgagor Are Not Discharged By Sending Co-Payable Check to Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 12, 2014
Last Thursday, in Viewpoint Bank v. Allied Property and Cas. Ins. Co., 2014 WL 3867810 (Tex.App.-Dallas August 7, 2014), the Dallas Court of Appeals examined the insurer’s duty to pay a mortgage company in relation to the settlement of an insurance claim arising out of Hurricane Ike. Allied...

 

HTMLCourt Sanctions Plaintiff for Appraisal Delays - Dismisses Lawsuit with Prejudice for Failure to Cooperate
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
September 2, 2014, previously published on August 18, 2014
A U.S. District Court Judge for the Southern District of Texas, McAllen Division, recently put an end to Plaintiff's contumacious delays involving discovery requests, designation of experts, depositions and ultimately, a failure to cooperate with an appraisal invoked by Plaintiff after a year of...

 

HTMLWestern District Grants Rule 12(B)(6) Motion to Dismiss in Favor of Insurer in Wind/Hail Claim for Breach of Contract and Bad Faith
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
Last week, in Burton v. Companion Property and Casualty Insurance Company, Civil Action No. W-14-CV-054 (W.D. Tex. July 29, 2014), Federal District Court Judge Walter S. Smith, Jr. in the Waco division of the Western District of Texas dismissed all of the Insured’s contractual and...

 

HTMLCorpus Christi Court of Appeals Affirms Summary Judgment for Insurer for Crude Oil Spill Claim Under “Trucker’s Coverage”
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 14, 2014, previously published on August 7, 2014
In Superior Crude Gathering, Inc. v. Zurich American Insurance Company No. 13-13-00235-CV, the Corpus Christ Court of Appeals affirmed summary judgment for Zurich that its Trucker’s Coverage did not cover a crude oil leak from an aboveground storage tank.

 

HTMLFifth Circuit Finds Third-Party Has Standing Against Insurer When Forced To Counterclaim By Federal Rules
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
The Fifth Circuit recently addressed an exception to the general principal under Texas law that when an insured damages the property of a third party, the insurer is not obligated to pay damages on behalf of its insured until there is a final judgment entered against the insured or a settlement...

 

HTMLInsurers May Have New Remedy To Challenge Amount Of Hospital Medical Charges
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
The Fourteenth Court of Appeals in Houston recently found an insurer had standing to challenge medical charges subject to a hospital lien in a personal injury lawsuit. In Allstate Indem. Co. v. Memorial Hermann Health System, No. 14-13-00307-CV, 2014 WL 2895187 (Tex. App.—Houston [14th Dist.]...

 

HTMLTwo Recent Federal Cases Reflect Different Summary Judgment Approaches To Property Damage Claims
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 18, 2014
A federal court in Dallas granted summary judgment in favor of American Insurance Company (“AIC”) in a hail storm case. In Hamilton Properties v. Am. Ins. Co., No. 3:12-CV-5046-B, 2014 WL 3055801 (N.D. Tex. July 7, 2014) (Boyle, J.), a commercial property owner sued AIC for denial of a...

 

HTMLSouthern District Grants Summary Judgment In Favor Of The Insurer After Partial Appraisal Award Was Paid To The Insured
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Last week, in Toney v. State Farm Lloyds, Civil Action No. 7:13-CV-183 (S.D. Tex. July 21, 2014), a Federal District Court Judge in the Southern District of Texas dismissed all of the Insured’s contractual and extra-contractual causes of action against State Farm.

 

HTMLSan Antonio Court Of Appeals Affirms Summary Judgment In Favor Of Driver of Vehicle Based On the Statute Of Limitations in Lawsuit Brought By Passenger in Same Vehicle
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
The San Antonio Court of Appeals in Ellard v. Ellard, Cause No. 04-13-00709-CV, 2014 WL 3605935 (July 23, 2014), upheld summary judgment in favor of driver of vehicle based on the two-year statute of limitations set forth under Texas law.

 


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