Bad Faith lawyers who handle commercial policy claims will want to read this 2023 case. This case is from the Southern District of Texas, Corpus Christi Division. It is styled, Laguna Enterprises, LLC v. Westchester Surplus Lines Insurance Company, et al. A big difference between commercial policies and the policies…
Articles Posted in Commercial Policies
Suing Insurance Company Based On Fraud
Filing a lawsuit is not as simple as saying the words. One common reason for suing an insurance company is based on allegations of fraud. A 2021, opinion from the Southern District of Texas, Galveston Division, shows that pleading fraud an insurance company has to meet certain criteria or the…
Suing The Insurance Company And A Contractor
Here is an interesting twist on how to stay in State Court when suing an insurance company. This is a 2021 opinion from the Northern District of Texas, Dallas Division is styled, Nayeb Family, LP v. Certain Underwriters At Lloyd’s London Subscribing To Policy No. CSSFQP0000024-00 and HD&S Management, LLC.…
A Unique Way To Stay Out Of Federal Court
Here is a unique way to stay out of Federal Court. It is applicable to suing a Lloyd’s of London insuring entity. The case is a 2021, opinion from the Northern District of Texas, Fort Worth Division. It is styled, Certain Underwriters At Lloyd’s, London Subscribing Severally To Policy No.…
Doctrine Of Concurrent Causes
Lawyers handling roofing claims and damage to property need to know and understand 2020 case from the Eastern District of Texas, Beaumont Division. The case is styled, Starco Impex, Inc. v. Landmark American Insurance Company. The legal backdrop to the case and the facts need to be read in the…
Information On Covid-19 And Insurance Claims
For the past three months there has been a lot of information about Covid-19. What is not clear is how insurance policies, in particular, commercial insurance policies do or do not provide coverage for losses experienced because of Covid-19 or government reaction to Covid-19. How these cases and the resulting…
Insurance And Covid-19
Insurance and Covid-19 usually come together in commercial insurance policies. The relevant part of a policy is usually referred to as “business interruption” coverage. This issue was recently discussed in an article published in the National Law Review. Here is a what a lot of what the article tells us. …
Commercial Insurance Policy
Here is a case wherein the owner of a commercial insurance policy sued the insurance company for his personal injuries. This case is from the Western District of Texas, El Paso Division, and is styled, Ismael Pease v. State Farm Lloyds. State Farm issued a business owners liability policy to…
Commercial Insurance Policy And Leased Equipment
The 5th Circuit Court of Appeals issued an opinion regarding commercial policies that would be of interest to some businesses. The case is styled, Sierra Equipment, Incorporated v. Lexington Insurance Company. Lexington insured LWL Management for construction equipment leased from Sierra. Sierra argues that, even though it was not a…
Exclusions In Commercial Auto Policies
Here are a few articles for insurance lawyers handling commercial policy cases. Commercial auto policies often contain business use exclusions that exclude coverage when a scheduled auto is used “in the business” of a lessee. A policy containing such a provision is effectively know as a “bobtail” or “non-trucking use”…