It has been a chilling sight over the past week in Texas. While not going into work may seem cool, it was the cold that kept everyone from going anywhere. It all started in my hometown of Fort Worth, Texas. At least six people died and dozens were taken to hospitals after an accident involving more than 100 vehicles on a Fort Worth interstate. A pileup that was the most staggering of the crashes that dotted ice-slicked roads across the Dallas-Fort Worth metroplex.1
Continue Reading Frozen Pipe and Water Claims—Are Grid and Power Operators Facing Liability and Subrogation Lawsuits?

In the many catastrophes in which we have educated and assisted policyholders in understanding their rights, obligations, and benefits under their policies, we have never seen or heard of insurer non-response like we have in Louisiana after Hurricanes Laura and Delta.
Continue Reading Louisiana Policyholders Have a Right to Obtain a Complete Copy of Their Policy

Determining and calculating pre-judgment interest has been the topic of many blog posts over the years. Recently, the Minnesota Court of Appeals addressed this issue of what triggers the running of statutory interest in the case of Blehr v. Anderson, No. A20-0691, 2021 WL 79163 (Minn. App. Jan. 11, 2021). While this case arises in the context of an insurance dispute arising from an automobile accident, it applies to property insurance disputes.
Continue Reading What Constitutes “Written Notice” for Triggering Prejudgment Interest?

Texas water loss claims from a non-hurricane event are going to be historic. I have lived in Texas my entire life and this statewide catastrophe is a scene out of an apocalyptic movie. Texas is a mess right now. The system has failed its residents. The energy capital of the USA can’t keep residents clean, warm, or informed because for many, there is no water, electricity, or WiFi/cable.
Continue Reading Frozen Pipe Water Loss Catastrophe in Texas —Blunt Advice from an Experienced Texas Policyholder Attorney About the Need to Contact Your Insurance Company About Your Frozen Pipe Claim

As inches of snow pile up outside of my home, I found it an appropriate time to see if there were any recent cases interpreting insurance policies’ “freezing exclusion.” Ordinarily, property insurance policies preclude coverage from damage resulting from frozen pipes unless the insured has used reasonable care to maintain heat.1
Continue Reading Am I Using Reasonable Care to Maintain Heat In My Home to Provide Coverage for Frozen Pipe Damage?

In one of my recent blog posts, Interpreting the Plain and Ordinary Meaning of an Ordinance or Law Insurance Provision; What Does it Mean to “Incur” and When Does this Happen, I discussed when a policyholder is deemed to have “incurred” ordinance or law damage necessary to trigger coverage under the provision in their Florida insurance policy.
Continue Reading Commercial Property Insurance Policies and Triggering of Replacement Cost Value Damages

The efficient resolution of civil litigation in time and money should be a concern of all attorneys and judges. The first time I met Rene Sigman was in a Galveston, Texas, courthouse where the judge had just asked lawyers for suggestions on how to streamline discovery for thousands of cases following Hurricane Ike in 2008. While Rene was not with our firm at that time, she was very vocal about what worked to get the evidence insurers did not want to turn over and how to do it quickly. I am proud that she is now a member of our firm and volunteers her time to help make the civil justice system better by working with The Institute for the Advancement of the American Legal System on catastrophe protocols to be followed in litigation. She worked on the most recent protocols involving the COVID-19 business interruption lawsuits.
Continue Reading Business Interruption Discovery for COVID-19 Lawsuits—Suggested Protocols for Judges to Follow

Insuring your home or business can be a daunting task. Policy language is often confusing, leaving policyholders wondering if they are adequately covered. While the questions below are not intended to be an exhaustive list, they will serve as a great starting point to better understanding your policy and knowing its limitations.
Continue Reading Eight Essential Questions Every Policyholder Should be Asking

Although intervention is a legal procedure that does not often arise in property insurance claims, one can easily imagine circumstances where a party might seek to intervene in a pending lawsuit for insurance proceeds. Whether a contractors seeking payment from the insurance company for work performed at the insured’s property or another interested party attempting to protect their interests, the law governing intervention in Florida is well established. The following represents a fairly comprehensive resource on the law of intervention in Florida.
Continue Reading Intervention in Florida – When Can a Nonparty Intervene in a Pending Lawsuit?