10/13/2011 - Selection of Counsel: Do Insurers or Insureds Choose?
Most liability insurance policies obligate the insurer to both indemnify the insured for judgments or settlements and cover the insured’s defense expenses. In other words, the carrier must pay for the insured’s defense counsel. The insurer’s “duty to defend” generally brings with it the right to select defense counsel, but Texas law allows insureds to select independent counsel in certain circumstances.

11/30/2010 - Insurance Coverage for Insider Trading Claims
The FBI and the SEC are in the final stages of an unprecedented three-year investigation into insider trading by consultants, investment bankers, hedge-fund and mutual-fund traders, and analysts. Those responding to subpoenas, investigations or claims arising out of the government’s insider trading probe should look to directors and officers (“D&O”) or errors and omissions (“E&O”) liability insurance for coverage for defense costs and, in some cases, settlements or judgments arising out of insider trading claims.

04/08/2010 - The Montrose Case - A Model Loss in Progress Rule Analysis
Texas courts applying the so-called “loss in progress” rule have failed to consider the real and practical distinction between first-party property insurance and third-party liability insurance. In the future, Texas courts could use the analysis applied in the Montrose case as a guide when applying the loss in progress rule in the liability insurance context.

01/27/2010 - Federal Court Issues Injunction Requiring Insurer to Advance Defense Costs to Stanford Financial Defendants for DOJ and SEC Proceedings
Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense.

12/22/2009 - Weathering the Storm: Insurance Coverage and Insolvency: Maximizing Recovery In Bankruptcy
While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. Now more than ever, it is crucial that debtors, creditors, trustees, and, indeed, anyone with an interest in maximizing the financial resources on hand to satisfy debts, understand (1) what coverage may potentially be available; and (2) how to gain access to and maximize this important financial resource.

10/15/2009 - Directors' & Officers' Coverage Priorities in the Financial Crisis: A Seven-Point Inspection for Your D&O Policy
Over the past year, the “financial crisis” has become a euphemism meaning different things to different people. For employees, the “financial crisis” may mean the loss of savings, wages or even a job. For thousands of homeowners, the “financial crisis” could suggest “foreclosure.” Alternatively, business owners may equate the “financial crisis” with an inability to obtain capital or a loss of revenue. For directors and officers, however, the “financial crisis” may also mean increased exposure, both in size and number, to claims by shareholders and regulators.

04/20/2009 - Texas Supreme Court Rejects Insurer’s Late Notice Defense Under a Claims-Made Policy
In Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance Co., the Texas Supreme Court held late last month that, “[i]n a claims-made policy, when an insured notifies its insurer of a claim within the policy term or other reporting period that the policy specifies, the insured’s failure to provide notice ‘as soon as practicable’ will not defeat coverage in the absence of prejudice to the insurer.”

04/20/2009 - Finding the Silver Lining: General Liability Coverage For FHA/ADA Claims
Over the past several years, developers and owners of multifamily housing have been the targets of numerous lawsuits filed by government enforcement agencies, including the United States Department of Justice, private disability rights organizations, and individuals alleging violations of the Fair Housing Act (the “FHA”) and Americans with Disabilities Act (the “ADA”). The “damages” and attorneys’ fees claimed by plaintiffs in these lawsuits, including the cost to modify existing buildings to comply with applicable accessibility guidelines, have created significant financial exposure to the multifamily housing industry.

04/02/2009 - After Don's Building: Change is the One Thing We Can Be Sure Of
In 2008, the Texas Supreme Court completely changed the trigger of coverage theory for occurrence based Commercial General Liability (“CGL”) policies in Texas. The Court held that, where damage occurs over multiple policy periods, coverage is triggered for any policy period in which actual damage transpires.

09/19/2008 - Weathering the Storm: Insurance Recovery Following Hurricane Ike
This news alert is a practical guide from Haynes and Boone, LLP 's Insurance Recovery Practice Group addressing critical steps to obtain insurance recovery for damage and business interruption losses resulting from Hurricane Ike.

05/06/2008 - Mortgage Guaranty Insurance
Escalating defaults relating to the sub-prime mortgage crisis have had a profound impact on domestic and world credit markets. As creditors look to their insurers for recovery of losses on insured loans, it is important for mortgagees, financial institutions and their beneficiaries and assigns to understand their respective rights and obligations under mortgage guaranty insurance and other credit risk insurance policies.

04/11/2008 - D&O Top Ten List

03/27/2008 - The Texas Prompt Pay Statute Post Lamar: Understanding its Application to Defense Costs
After several years and numerous conflicting Texas state and federal cases, the Texas Supreme Court finally put to rest the raging debate and controversy over whether an insured’s request for defense costs under a liability policy constitutes a “first-party claim” thereby placing an insurer’s handling of such a claim under the governing deadlines and penalties afforded under Section 542.061 of the Texas Insurance Code known as the Prompt Pay Statute.

10/08/2007 - Texas Lawyer--The Go-To Guide [Insurance Coverage Law]

09/07/2007 - Triple Threat--Texas Supreme Court Rejects the Economic Loss Doctrine...
On August 31, 2007 the Texas Supreme Court issued an eagerly awaited opinion Lamar Homes, Inc. v. Mid-Continent Casualty Company, No. 05-0832 (Tex. Aug. 31, 2007) in which it resolved a long-standing controversy between policyholders and insurance carriers as to whether commercial general liability (“CGL”) policies cover property damage resulting from defective workmanship.

03/01/2007 - Recent Texas Insurance Developments: Selection of Counsel, Settlement, and Sending Notice

09/05/2006 - Recent Texas Insurance Developments: What Every In-House Counsel Should Know

09/05/2006 - Fallout From Disasters: Recovering Business Losses

An Examination of Whether A Fiduciary Relationship Exists Between an Insured and its Broker

09/16/2005 - Hurricane Katrina: Are You Covered?

Texas Supreme Court Recognizes Insurance Co's Right To Recoup Settlement Payments From Policyholders

Hi--I'm Your Lawyer; We Haven't Met: When May an Insured Select Its Own Counsel?

The State of Extra-Contractual Liability: Are We Finally a Head of Ourselves?

11/01/2004 - Texas Courts Acknowledge Policyholders' Right to Select Defense Counsel

Hot Tips on Managing the Liability Crisis Through Insurance

Surviving the D&O Turmoil: Maximizing Protection for the Non-Profit and Its Directors and Officers

Finding Leverage Against the Insurer: Article 21.55

Insurance: The Basics for Directors and Officers of Non-Profit Organizations

09/04/2002 - D&O Insurance Coverage: Surviving the Turmoil (Lessons We Are Learning from Enron)

An Attorney's Guide to the Basics and Trends in D&O Insurance

What Every Franchise Lawyer Needs to Know About Insurance

A KINGLY DECISION: Insurance Coverage Is in the Eye of the Insured Beholder

What Every Corporate Counsel Needs to Know About Insurance Coverage

Remedies for an Insurer's Breach of the Duty to Defend: A Policyholder's Perspective

The Relationship Between Primary and Excess Insurers

Article 21.21 and Other Statutory Claims: Staying on Top of New Developments

HOT CGL TOPICS - Can Insurers Get Their Settlement Dollars Back?

ADR With Coverage in Mind: Making the Most of Your Policy Dollars

A Policyholder's Paradise Lost? An Insured's Perspective on the Insurability of Punitive Damages

Exploring the Battlefields of Statutory Claims Against Insurers

A New Frontier: Article 21.55 and the Duty to Defend

A Corporate Counsel's Guide to the Basics and Trends in D&O Insurance

Coverage for Vicarious and Derivative Liability Under Texas Law

CGL Policies: Exploring the Battlefields of Coverage