Document(s) published by this organization: 51
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|Insurance Chain Reaction from the Tianjin Port Explosion|
Qianwei Fu, Matthew J. Gollinger; Zelle Hofmann Voelbel Mason LLP;
October 8, 2015, previously published on September 29, 2015The recent Tianjin port explosion, like the 2011 Japanese earthquake and Thai floods, will lead to massive supply chain disruption. The impacted area included a high concentration of multinational and technology companies. The Tianjin area is home to 285 of the Fortune 500 companies, with the...
|The Ethics of Using Public Adjusters as Expert Witnesses|
Todd M. Tippett; Zelle Hofmann Voelbel & Mason LLP;
September 28, 2015, previously published on September 24, 2015Those familiar with the issues faced by insurers in Texas first-party insurance claims, particularly in the realm of hail damage claims, are undoubtedly aware of what has been labeled the "Progressive Claim Syndrome.” In a nutshell, the Progressive Claim Syndrome is the process of...
|Competitors Push Back With False Advertising Laws|
Eric W. Buetzow; Zelle Hofmann Voelbel & Mason LLP;
September 1, 2015, previously published on August 31, 2015In a time when the “disruptive” label is far from viewed as pejorative and, in fact, deemed essential for many new business models, existing market participants looking to fight back are turning to powerful federal and state false advertising laws to re-establish the rules of the game....
|The Wild West of Improper Joinder in North Texas|
Jennifer L. Gibbs; Zelle Hofmann Voelbel & Mason LLP;
August 18, 2015, previously published on August 17, 2015In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be named as defendants in lawsuits arising from disputed insurance claims....
|Ostriches Beware: E-Discovery Ethics In Social Media|
Eric P. Mandel, Charles R. Ragan; Zelle Hofmann Voelbel & Mason LLP;
July 16, 2015, previously published on July 13, 2015“Electronic document creation and/or storage, and electronic communications, have become commonplace in modern life, and discovery of ESI is now a frequent part of almost any litigated matter. Attorneys who handle litigation may not ignore the requirements and obligations of electronic...
|A Primer On Insurance Dispute Resolution In China|
Qianwei Fu, Jiangxiao Athena Hou, Jose M. Umbert; Zelle Hofmann Voelbel & Mason LLP;
July 16, 2015, previously published on July 14, 2015We previously discussed in a June 10, 2015, guest article the basics of insurance underwriting and claim handling in China. In this article, we give an overview of the legal framework and relevant key issues in insurance coverage dispute resolution in China.
|Texas Court Talks Insurance And Actual Cash Value|
Shannon M. O'Malley; Zelle Hofmann Voelbel & Mason LLP;
May 20, 2015, previously published by Texas Law360 on April 8, 2015When an insured suffers a property loss, the insurance policy defines the parameters of recovery. Typically, a property insurance policy¿s default valuation provision for a property loss is the actual cash value of the property. Calculation of the actual cash value often takes the age of the...
|Texas' Atty Fee Statute — Elevating Form Over Substance?|
James W. Holbrook; Zelle Hofmann Voelbel & Mason LLP;
April 9, 2015, previously published by Texas Law360 on April 23, 2014Texas follows the American Rule, which provides that litigants may recover attorneys' fees only if specifically provided for by contract or statute. One such statute — Section 38.001 of the Texas Civil Practice Remedies Code — allows a “person [to] recover reasonable attorneys'...
|Insurance In Brazil: A Reinsurance Perspective|
Jason Reeves, Jose M. Umbert; Zelle Hofmann Voelbel & Mason LLP;
April 9, 2015, previously published by Insurance Law360 on August 14, 2014Brazil, the largest South American economy, has been an important market for international insurers and reinsurers for many years. At the same time, Brazil presents major property risks for underwriters. Companies covering first-party risks in the country, and particularly international reinsurers...
|The Perilous 'Superperil' Ruling In NJ Storm Surge Case|
Thomas H. Cook; Zelle Hofmann Voelbel & Mason LLP;
April 9, 2015, previously published by Insurance Law360 on April 2, 2015The Superior Court of New Jersey, Essex County's ruling in Public Service Enterprise Group Inc. v. Ace American Insurance Co. on March 23 follows a line of thought advanced by many policyholder lawyers that including a definition of “Named Windstorm” in a property policy —...