Texas Insurance Law Newsbrief - August 8, 2019

FAILURE TO GIVE TIMELY NOTICE BARS COVERAGE FOR ALL RELATED CLAIMS

COURT REJECTS NOTICE PREJUDICE ARGUMENT AND ENFORCES SPECIFIC, ONE-YEAR PROMPT NOTICE REQUIREMENT TO REPORT WINDSTORM OR HAIL DAMAGE CLAIMS

INSURER SEEKS AND WINS MANDAMUS TO PROTECT $0 APPRAISAL AWARD

IMPROPERLY DRILLED WELL IS “PROPERTY DAMAGE” AND CREATES DUTY TO DEFEND, NO EXTRINSIC EVIDENCE CONSIDERED TO DETERMINE DATE DAMAGE OCCURRED

COURT APPLIES LIMITED EXCEPTION TO USE OF EXTRINSIC EVIDENCE IN FINDING BUSINESS USE EXCLUSION PRECLUDES COVERAGE – NO DUTY TO DEFEND OR INDEMNIFY

COURT FINDS NO PIP COVERAGE FOR INSURED WHO WAS INJURED WHILE TRYING TO FREE DRIVER TRAPPED WHILE UNLOADING TRUCK