Texas Insurance Law Newsbrief - June 7, 2023

Texas Insurance Law Newsbrief
TEXAS SUPREME COURT UPHOLDS COMMON-LAW INTENT-TO-DECEIVE RULE FOR MISREPRESENTATIONS IN INSURANCE APPLICATIONS

The Supreme Court of Texas recently held that Section 705.051 of the Texas Insurance Code does not displace the common-law intent-to-deceive rule because the statute prescribes necessary, not exclusive or sufficient, conditions for denying recovery under a contestable policy.

FIDUCIARY DUTY IS NOT CONTRACTUAL, FIFTH CIRCUIT HOLDS

The Fifth Circuit Court of Appeals recently re-examined the scope of a contractual liability exclusion in a liability insurance policy.

FIFTH CIRCUIT AFFIRMS CLASS CERTIFICATION AGAINST GEICO

The Fifth Circuit Court of Appeals recently affirmed a district court’s approval of class certification in favor of a group of GEICO policyholders seeking to represent all similarly situated policyholders, claiming GEICO had failed to fully compensate them for the total loss of their vehicles.

APPEALS COURT UPHOLDS DISMISSAL OF INSURED’S LAWSUIT AGAINST INSURER IN COVERAGE DISPUTE

An appeals court in San Antonio recently ruled in favor of an insurer and upheld the dismissal of an insured’s claims in a coverage dispute.

COURT OF APPEALS CONCLUDES THAT SURPLUS LINES INSURERS ARE “INSURERS” FOR PURPOSES OF CHAPTER 4001 OF THE TEXAS INSURANCE CODE

The Fort Worth Court of Appeals recently concluded that surplus lines insurers are “insurers” for purposes of Chapter 4001 of the Texas Insurance Code which regulates licensure and activities of agents and other persons engaged in the business of insurance in Texas.

FEDERAL COURT DISMISSES HOMEOWNER’S CLAIMS IN COVERAGE DISPUTE INVOLVING FORCED-PLACED INSURANCE POLICY

A federal court in Houston recently granted an insurer’s motion for summary judgment and dismissed claims by a homeowner that arose from a dispute over whether the insurer underpaid a claim made by the homeowner’s lender under a “forced-placed” insurance policy.

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