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Adobe PDFDeposit Insurance Assessment System: FDIC Proposes Changes to the Ratios and Ratio Thresholds to Align the Deposit Insurance Assessment System with U.S. Basel III Capital Rules
Sullivan Cromwell LLP;
Legal Alert/Article
August 5, 2014, previously published on July 31, 2014
The Federal Deposit Insurance Corporation (“FDIC”) recently published for comment a proposed rule containing modifications to the deposit insurance assessment system (the “Proposed Rule”). The Proposed Rule would amend the FDIC’s 2011 final rule adopting a new...

 

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.

 

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.

 

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...

 

HTMLUSAA Wins Putative Class Action Suit Based Total Loss Valuations and the Filing of Owner-Retainted Reports
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
August 4, 2014, previously published on July 28, 2014
Sunny Letot, a well-known Dallas judicial campaign consultant and descendant of a notable North Texas pioneering family, was involved in a rear end collision with an insured of USAA. She filed suit against the insured driver for negligence and then joined the carrier on multiple novel theories...

 

Adobe PDFThe Arizona Supreme Court Considers The Preclusive Effect of Damron Agreement Stipulations On Subsequent Coverage Disputes
Jefferson T. Collins; Jones, Skelton & Hochuli, P.L.C.;
Legal Alert/Article
August 4, 2014, previously published on July 2014
In Quihuis v. State Farm Mut. Aut. Ins. Co., 748 F.3d 911 (9th Cir. 2014), the Ninth Circuit Court of Appeals recently certified a question to the Arizona Supreme Court that could have a significant impact on insurance law in the state. Quihuis involves a coverage dispute. The coverage litigation...

 

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...

 

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.]...

 

Adobe PDFDiscovery Allowed to Attack Inflated Medical Billings
Matthew J. Trostler; Borton Petrini, LLP;
Legal Alert/Article
August 1, 2014, previously published on Spring 2014
In 2011, the case of Howell v Hamilton Meats and Provisions held that a plaintiff may recover as economic damages no more than the reasonable value of the medical services rendered and in any event is not entitled to recover the reasonable value if his or her actual loss was less. Corenbaum v...

 

HTMLAsbestos Judgment Reinstated: Insurer Travelers Ordered to Pay $500 Million in Asbestos-Related Settlements
Motley Rice;
Legal Alert/Article
August 1, 2014, previously published on July 22, 2014
MT. PLEASANT, SC - (July 22, 2014) - Today the U.S. Court of Appeals for the Second Circuit put to rest the “private hopes and dreams” of insurer Travelers Cos. Inc., in its attempt to avoid its obligation to thousands of asbestos victims.

 


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