Legal Articles: Zelle Hofmann Voelbel & Mason LLP

 







Document(s) published by this organization: 46


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HTMLInsurers Be Warned, Your Communications Are Discoverable
Elizabeth V. Kniffen; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on August 4, 2014
Insurers and reinsurers regularly communicate regarding matters they view as confidential. These communications often relate to claims, both routine and litigated, by the underlying insureds. Insureds, in turn, seek discovery of these communications when claims become contentious and litigated....

 

HTMLNCAA’s Latest Legal Nightmare May Be Most Important
Richard M. Hagstrom, Shawn Stuckey; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Competition Law360 on July 11, 2014
No doubt all eyes of the sports world are on the O’Bannon v. National Collegiate Athletic Association trial, which is currently taking place in Oakland, California. SB Nation called the trial “the biggest trial in the history of college sports” and Sports Illustrated implied that...

 

HTMLCourt Clarifies Insurers’ Replacement-Cost Obligations
Todd M. Tippett; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on June 18, 2014
Amid the onslaught of Texas hail claims litigation, one Texas federal district court recently confirmed that in order for an insured to receive any portion of a replacement-cost holdback under a property insurance policy, it must actually incur costs above and beyond the actual-cash-value payments...

 

HTMLGotham Insurance V. Warren E&P Answers Age-Old Question
Shannon M. O'Malley; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on May 28, 2014
In Gotham Insurance Co. v. Warren E&P Inc., the Texas Supreme Court recently addressed an age-old and often-asked question: Can an insurer recoup money paid to its insured when it later learns it overpaid? The answer: Insurers can only look to the terms of their policies and cannot rely upon claims...

 

HTMLDistrict Court Figures Out What The Hail Is Going On
Brett A. Wallingford; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on July 17, 2014
Seeing a significant increase in the number of hail damage lawsuits in her courtroom, it appears Judge Jane Boyle of the United States District Court for the Northern District of Texas has figured out "What the Hail is Going On." And she’s taking strong action in response to such...

 

HTMLWhy Texas Insurers Need To Report Fraudulent Hail Claims
G. Brian Odom; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on July 8, 2014
In Amarillo, Texas, with clipboard, camera and marking chalk in hand, a seasoned insurance company adjuster climbs his ladder onto the roof of an apartment building. He’s looking for hail damage following a recent hailstorm in the area. Examining the composition shingles, he initially notes...

 

HTMLCalif. Offers Regulation As Solution To Underinsurance
Kristin Suga Heres; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on June 25, 2014
A wildfire ravages a community. A family’s home is among those destroyed. It is a total loss. The homeowners are eager to rebuild and turn to their homeowners’ policy. Having purchased coverage on a “replacement-cost” basis, they assume they are protected. They soon...

 

HTMLTexas' Atty Fee Statute — Elevating Form Over Substance?
James Holbrook; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on April 23, 2014
Texas 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'...

 

HTMLEstimates vs. Bids: Determining Insurer Obligation
Lindsey Bruning; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Insurance Law360 on May 9, 2014
The typical property insurance claim begins with notification of a loss from the insured or its broker. Thereafter, the carrier sends out an adjuster to investigate the loss and determine whether, and to what extent, coverage exists. Often the insured hires a public adjuster to represent its...

 

HTMLTexas’ Fair-Notice Pleadings Standard May Be In Trouble
David B. Winter, David B. Winter; Zelle Hofmann Voelbel & Mason LLP;
Legal Alert/Article
April 9, 2015, previously published by Texas Law360 on June 2, 2014
In Texas, the lax “fair-notice” pleading requirement has resulted in the widespread practice of plaintiffs’ attorneys simply cutting and pasting from a previous pleading when filing suit. However, the recent enactment of Texas Rule of Civil Procedure 91a, which allows courts to...

 


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