Recent Articles

Court Refuses to Include Parent Company As Insured Despite Listing in Application

David S. White
December 30, 2008 20:36

Certain Underwriters at Lloyd's, London v. LM Ericsson Telephon, AB, #05-07-01467 (Tex. App. Dallas November 24, 2008) See LM Ericsson Decision When asked by a corporate client to review its insurance policies, the first thing I check is the definition...Certain Underwriters at Lloyd's, London v....

Court Lands a Body Blow to "Completed-Operations" Exclusions in Addititional-Insured Endorsements

David S. White
December 30, 2008 16:37

Thos. S. Byrne, Ltd. v. Trinity Universal Ins. Co., No. 05-07-01255 (Tex. App. Dallas, Dec. 4, 2008) See Byrne Decision. Last August, the Texas Supreme Court in Don's Building Supply adopted the injury-in-fact trigger of coverage for property damage cases....Thos. S. Byrne, Ltd. v. Trinity...

Driver Struck By His Own Car Did Not "Occupy" Vehicle, Rules Texas Court

David S. White
December 30, 2008 15:32

United States Fidelity and Guaranty Co. v. Goudeau, #06-0987 (Tex. December 19, 2008), See Goudeau Opinion. Louis Goudeau's pelvis was crushed when he was pinned against a highway retaining wall by his own vehicle that had just been hit by...United States Fidelity and Guaranty Co. v. Goudeau,...

Stealth "Classification Limitations" Reported Creeping Into CGL Policies

David S. White
December 11, 2008 17:18

A report appeared last week of an trend in the commercial general liability market that could spell trouble for many policyholders. Dave Lenkus reported in Business Insurance magazine that endorsements with "classification limitations" were appearing for the first time in...A report appeared last...

Choice-of-Law Disputes Can Be Unpredictable - Just Look At This Decision

David S. White
November 22, 2008 00:21

Sonat Exploration Co. v. Cudd Pressure Control, Inc., # 06-0979 (Tex. November 21, 2008) see Sonat Decision. I try to steer away from decisions strictly about legal procedure, but this Texas Supreme Court decision illustrates two things: (1) a choice-of-law...Sonat Exploration Co. v. Cudd Pressure...

FDIC Could Guarantee Insurance Limits If Federal Charters Issued, Predicts Chairman

David S. White
November 14, 2008 21:23

In remarks at the annual conference of the International Association of Deposit Insurers, Sheila Blair, Chairman of the FDIC, said that her agency could play an expanded role in regulting insurance companies if Congress shifts regulation of the U.S. insurance...In remarks at the annual conference...

Texas Supreme Court Affirms Arbitration Agreement, As Usual

David S. White
November 14, 2008 21:19

In re NEXT Financial Group, Inc., #08-0192 (Tex. November 14, 2008) see In re NEXT Decision The Texas Supreme Court breaks no new ground here, showing once again that it is easier for a longhorn steer to go through the...In re NEXT Financial Group, Inc., #08-0192 (Tex. November 14, 2008) see In re...

D&O Insurance Rates Expected To Hold Steady Except For Financial Institutions

David S. White
November 10, 2008 22:20

Because shareholder actions are expected to proliferate against finacial institutions caught in the subprime mortgage debacle, it should come as no surprise that premiums for directors and officers insurance for those institutions are beginning to rise. So says Kristin Gunderson...Because...

Florida High Court Ponders Whether Unsolicited Fax Might Be a Covered "Advertising Injury"

David S. White
November 04, 2008 16:02

Penzer v. Transportation Insurance Company, # 07-13827 (11th Cir. October 23, 2008), see Penzer Certified Question Does an alleged violation of the Telephone Consumer Protection Act (TCPA) trigger a commercial general liability insurer's duty to defend an alleged "advertising injury"...Penzer v....

Insurer Must Pay Liability Claim That Policyholder Assigned To a 3rd Party.

David S. White
October 29, 2008 15:23

Home Owners Management Enterprises, Inc. v. Mid-Continent Cas. Co., No. 05-11370 (5th Cir. Aug. 26, 2008) see Home Owners Decision. What happens when a policyholder's legal liability is covered by its CGL policy, but a third party has a contractual...Home Owners Management Enterprises, Inc. v....