Texas Insurance Law Newsbrief - September 28, 2021

COURT DENIES UIM INSURER’S MOTION TO DISMISS AND WARNS OF SANCTIONS

COURT DISMISSES INSURED’S CLAIMS AFTER PAYMENT OF APPRAISAL AWARD

COURT CONCLUDES THAT FLOOR MAT WAS NOT AN UNREASONABLY DANGEROUS CONDITION; DISMISSES PREMISES-LIABILITY CLAIM

COURT CONCLUDES THAT WATER ON FLOOR FOR TEN MINUTES IS LEGALLY INSUFFICIENT TO ESTABLISH CONSTRUCTIVE NOTICE OF THE CONDITION; DISMISSES PREMISES-LIABILITY CLAIM

FEDERAL COURT IN SAN ANTONIO ISSUES BACK-TO-BACK RULINGS IN FAVOR OF UIM INSURER

FEDERAL COURT DISMISSES INSURED’S CAUSES OF ACTION AGAINST INSURER FOR NOT BEING PLED WITH SPECIFICITY BUT GIVES INSURED SECOND CRACK AT BAT

FEDERAL JUDGE IN MCALLEN ISSUES REBUKE ON 542A REMOVALS

FIFTH CIRCUIT OVERTURNS INSURER WIN IN WIRE FRAUD CASE

FEDERAL JUDGE IN HOUSTON ENFORCES ANTI-ASSIGNMENT CLAUSE, RETAINS JURISDICTION

COURT CONCLUDES THAT LAMBORGHINI WAS BEING TEST-DRIVEN, NOT PLEASURE-DRIVEN, AT THE TIME OF LOSS; COURT GRANTS SUMMARY JUDGMENT BASED ON POLICY EXCLUSION FOR USE “OTHER THAN OCCASIONAL PLEASURE USE”

U.S. DISTRICT COURT DISMISSES CLAIMS AGAINST INSURANCE AGENCY AS PLAINTIFF FAILED TO MEET THE PLEADING REQUIREMENTS

FEDERAL COURT DENIES INSURER’S MOTION FOR SUMMARY JUDGMENT, AGREEING WITH INSURED THAT FACT ISSUES EXISTED AS TO WHETHER THE INSURER ACTED IN BAD FAITH AND DENYING THE INSURER’S REQUEST TO LIMIT DAMAGES IN THE INSURED’S SWORN PROOF OF LOSS

DALLAS FEDERAL COURT JOINS CHORUS OF COURTS NATIONWIDE IN DISMISSING COVID-19-RELATED BUSINESS LOSS CLAIMS DUE TO LACK OF “DIRECT PHYSICAL LOSS”

FIFTH CIRCUIT COURT OF APPEALS CLARIFIES THAT, WHILE AN INSURED’S ACCEPTANCE OF AN APPRAISAL AWARD PRECLUDES A BREACH OF CONTRACT CLAIM, AN INSURER MAY STILL BE LIABLE UNDER THE TEXAS PROMPT PAYMENT OF CLAIMS ACT IF THE APPRAISAL PAYMENT WAS NOT TIMELY