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HTMLCFTC Further Extends Comment Periods on Position Limits Proposals
Maureen A. Donley, Daniel S. Konar II, W. Graham McCall, Mark D. Young; Skadden Arps Slate Meagher Flom LLP;
Legal Alert/Article
July 11, 2014, previously published on July 7, 2014
The Commodity Futures Trading Commission (Commission or CFTC) has further extended the comment periods for its November 2013 proposal concerning position limits aggregation and its December 2013 proposal concerning position limits for physical commodity derivatives. The comment periods for these...

 

HTMLHouston Appeals Court Sides with Agents in Hurricane Ike Failure-to-Procure Dispute
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
In Houstoun, Woodard, Eason, Gentle, Tomforde & Anderson, Inc. v. Escalante's Comida Fina, Inc.., 01-11-00746-CV (Tex. App. - Houston [1st Dist.], June 3, 2014), the Houston First Court of Appeals reviewed a jury finding against insurance agents concerning damages related to Hurricane Ike....

 

HTMLDallas Federal Court Dismisses Claims for Equitable Subrogation against Three Primary Insurers
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
A Federal District Court Judge in Dallas recently granted motions to dismiss claims against three primary insurers in a suit seeking equitable subrogation for amounts paid to settle a construction defect case. In Trammell Crow Residential Co. v. St. Paul Fire Ins. Co., No. 3:11-CV-2853-N (N.D. Tex....

 

HTMLContinuing Tort Claim Not Barred By Failure of Plaintiffs to File Within Two-Year Statute of Limitations
Betsy G. Ramos; Capehart & Scatchard, P.A.;
Legal Alert/Article
July 11, 2014, previously published on June 30, 2014
Herbert and Karen Wreden served a tort claims act notice against the Township of Lafayette on January 28, 2008, due to the Township’s construction of a retaining wall and water drainage adjacent to the Wredens’ property. As a result of this construction, water was directed onto their...

 

HTMLSnowmobiles in Texas? Houston Appellate Court Examines the Recreational-Vehicle Exception to the Motor-Vehicle Exclusion in a Homeowner’s Policy
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on June 11, 2014
In Oleksy v. Farmers Ins. Exchange, 410 S.W.3d 378, Tex.App.— Hous. [1 Dist.], Jul. 30, 2013, review denied (June 6, 2014), Houston’s First Court of Appeals examined the applicability of the motor-vehicle exclusion and recreation vehicle exception in a homeowner’s policy. In 2007,...

 

HTMLFifth Circuit Holds Umbrella Coverage May Be Triggered By Payment of Non-Covered Claims
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
Last Monday, the Fifth Circuit examined the relationship between primary and umbrella insurance policies, and held that under the specific language of the policies in question, exhaustion of the primary insurance triggered the umbrella policy even though the claims which exhausted the primary...

 

HTMLThe SCC Grants a Declaration of Aboriginal Title and Rules that Provinces can Justifiably Infringe Aboriginal Rights
Brian P. Dominique, Linda I. Knol; Cassels Brock & Blackwell LLP;
Legal Alert/Article
July 11, 2014, previously published on July 3, 2014
In a landmark decision, the Supreme Court of Canada (“SCC”) granted a declaration of Aboriginal title to over 1,750 square kilometres of land located in British Columbia to the Tsilhqot’in Nation. The SCC’s decision in Tsilhqot’in Nation v. British Columbia is the...

 

HTMLFederal Court Strikes Plaintiff's Experts in Bastrop Fire Case Holding "Eyeball" Estimating Method Deemed Unreliable
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
Federal District Court Judge David Ezra of the Western District of Texas recently considered several expert witnesses retained by the insured and his counsel to address claimed smoke damage to an insured residence following the 2011 Bastrop wildfire and found the testimony offered was unreliable,...

 

HTMLFifth Circuit Upholds Insurer’s Right to Choose Counsel When Defending under a Reservation of Rights
Martin Disiere Jefferson Wisdom L.L.P.;
Legal Alert/Article
July 11, 2014, previously published on July 2, 2014
Last Tuesday, the Fifth Circuit applied the rule of Northern County Mut. Ins. Co. v. Davalos, which holds that an insurer who defends an insured under a reservation of rights retains the right to control the defense by selecting counsel, unless the facts to be adjudicated in the liability suit are...

 

HTMLBreaking News! U.S. Supreme Court Issues Landmark Decisions in Hobby Lobby and Union Cases
Timothy C. Haughee; Lowndes, Drosdick, Doster, Kantor & Reed Professional Association;
Legal Alert/Article
July 11, 2014, previously published on June 30, 2014
In two landmark cases today, the U.S. Supreme Court ruled that (i) owners of closely held corporations cannot be required to provide contraception coverage under the Affordable Care Act and (ii) non-union members who are not “full-fledged public employees” cannot be required to pay...

 


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