Cox PLLCs insurance coverage team continues their work updating our clients about Texas Insurance Laws, noteworthy decisions from the Fifth Circuit and Texas state and federal courts! Check out Jennifer Kelley’s team’s attached 2024 Summer newsletter!
(Galveston, Texas) – A federal district court judge in the Southern District of Texas, Galveston Division, granted summary judgment in favor of Cox PLLC’s clients involving a collision between a sailboat and yacht in Galveston Bay. The sole issue in the case was whether the owner of the sailboat could recover, on top of the cost of repairs, damages for the vessel’s diminution in value. Tracy Freeman, Cox’s Houston office managing partner, argued the sailboat owner could not recover such damages. The sailboat owner’s request for diminution in value damages, Freeman argued, was subject to, and limited by, the maritime maxim of restitutio in integrum, the longstanding doctrine that recoverable damages from a vessel collision are limited to the cost of necessary repairs. Opposing counsel argued that restitutio in integrum was not crystal clear and applying it to a pleasure boat would lead to an inequitable result. The federal judge disagreed. In granting Cox PLLCs clients’ motion for summary judgment, the federal court recognized that restitutio in integrum, a maxim that goes back to 1882 in the United Supreme Court opinion, The Potomac, remains alive and well today in the Fifth Circuit. The Court noted in its order that a …
Cox PLLCs insurance coverage team continues their work updating our clients about Texas Insurance Laws, noteworthy decisions from the Fifth Circuit and Texas state and federal courts! Check out Jennifer Kelley’s team’s attached quarterly newsletter!
Cox PLLC’s insurance coverage attorneys are just amazing! Check out Jennifer Kelley’s team’s attached quarterly newsletter! In this edition, we see updates for general insurance matters, mold, garage auto, MCS-90, etc. Probably a thing or two in here, that each of us in this risk business, can use! Big thanks to Jennifer and her team for creating this resource!
We are very pleased to announce the promotion of Jas Braich to Dallas Managing Partner, effective January 1, 2023. Jas joined our team in May 2018, as Partner, and now has over 20 years of legal experience. In recent years, he has broadened his expertise in handling commercial and catastrophic losses, in various risk lines, and has been originating client business. Additionally, Jas has proven to be a valued asset, to many of our clients, who have expressed very positive and ongoing feedback on his behalf. Jas has moreover exhibited fantastic work ethic, commitment to the team, and consistent/honorable leadership traits. We are so excited to have Jas on our team, as he is the prime example of one who follows our core values: Grace, Integrity, Diligence, and Synergy, in his work product and in his relationships with our team and clients. “I am humbled and honored to be promoted to Managing Partner of the Dallas Office, and look forward to assisting our team and serving our clients in line with the core values of our firm.” Jas Braich Congratulations, Jas!
(Denton, Texas) – A unanimous 12-person jury in Denton County, Texas found that our clients, a national trucking company and their driver, were not negligent in an April 19, 2019 three-car accident on Interstate 35 North. Plaintiffs were seeking $1 million. The jury returned a verdict within 45 minutes, answering “No” on the separate negligence questions for each plaintiff, one, a 93-year-old World War II veteran, and the other, his 74-year-old caretaker. Tracy Freeman, Cox’s Houston office managing partner was lead counsel and he was assisted by Steven Shattuck (Of Counsel) and Dominique Johnson (Legal Assistant). The responding police officer ticketed our client driver for failure to control speed. Our client driver accepted responsibility for the accident. However, the jury, after hearing “the rest of the story” concluded they were not negligent. Cox PLLC will be filing a Final Judgment which will include, per the judge’s instructions, an assessment of court costs against Plaintiffs. This is a good reminder for existing and prospective clients that some cases must be tried. The courtroom is a battlefield. Cox PLLC has enduring courage to carry your banner into battle when you draw a line in the sand.
Marjorie Nicol, Partner, and co-author Jason McLaurin, offer differing opinions on the impact of a Texas Supreme Court decision related to the effect of the Texas Prompt Payment of Claims Act on appraisal. See Journal of Texas Insurance Law, Winter ed. 2022. Full article linked here: https://acrobat.adobe.com/link/track?uri=urn:aaid:scds:US:73205711-2195-480e-9ff9-37d0543f80a8
The Texas Supreme Court issued the much-anticipated opinion in Monroe Guar. Ins. Co. v. BITCO Gen. Ins. Corp. (attached), recognizing an exception to the eight corners rule. Specifically, the Court held that if the underlying petition states a claim that could trigger the duty to defend, and the application of the eight-corners rule is not determinative of whether coverage exists, due to gaps in the pleading, Texas law permits consideration of extrinsic evidence so long as it: (1) goes solely to an issue of coverage and does not overlap with the merits of liability, (2) does not contradict facts alleged in the pleading, and (3) conclusively establishes the coverage fact to be proved. This is similar to the Northfield exception long recognized by the Fifth Circuit. While many questions remain to be answered, such as what constitutes a conclusively established coverage fact, this opinion should be considered a victory for insurers. See Link for opinion: https://www.txcourts.gov/media/1453575/210232.pdf
