Kay Morgan

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No Waving of Deductibles Bill: Texas HB 2102

The Problem: Waiving insurance policy deductibles (“you scratch my back and I’ll scratch yours”) has been common place in Texas since 1989 and came about as the result of a poorly worded statute passed that same year that contractors have basically ignored. Contractors who have broken the 1989 law by waving deductibles (primarily roofing contractors) … Continue Reading

Fun In The Sun, But Before Diving In, Check Your Homeowner’s Policy For Swimming Pool Coverage

Introduction: Summer is upon us. Swimming pools will soon call like mythological Sirens. But whether you already have a home swimming pool, are planning to build an in-ground pool or are planning to purchase an above-ground pool for this summer’s fun in the sun, insurance coverage for personal injury liability and property damage should be … Continue Reading

How To File A Complaint With The Utah Insurance Department About Your Delaying, Denying And Bad Treating Insurance Company

The Utah Insurance Department has one of the easiest and friendliest websites encountered. If you, as a policyholder, have a grievance against your insurance company and are thinking of calling to complain or actually filing a complaint, the Utah Insurance Department’s opening statement online will immediately put you at ease:… Continue Reading

Solar Power and Homeowners Insurance: Watts Up?

Nearly a year ago, California became the first state to mandate that all new homes have solar power.1 The regulation becomes effective January 1, 2020. Under the new rules, individual homes must have rooftop solar panels or share a solar-power system with a group of homes. According to the New York Times, the California regulation … Continue Reading

It’s a Brand-New Ballgame. . .In Texas When it Comes to Filing Suit Against Your Property Adjuster

Texas Insurance Code Section 542A.006, effective December 1, 2017, allows insurers to accept liability for the acts of their adjusters either before suit is filed or after suit is filed. If the election of liability is made before suit is filed, the in-state defendant adjuster never becomes a party if suit is filed eventually. If … Continue Reading

‘Tis The Season—Do You Need Special Event Insurance?

Plans for the holiday season and especially for the big blowout bash of January 1st are, no doubt, well underway with arrangements having been made for the location, caterer, band, and invitations, but has any thought been given to the purchase of special event insurance? Probably not. Insurance is usually an afterthought if any thought … Continue Reading

Inflatables—Don’t Get Bounced!

Parents of young children know the birthday party appeal of inflatables like bounce houses, slides, trampolines, and moonwalks. But it’s no picnic to learn that your homeowner’s insurance won’t be of any help if someone gets hurt on an inflatable dragon slide in your front yard at your child’s birthday party. A few tips may … Continue Reading

Are Insurance Scores and Credit Scores the Same Thing?

The short answer to the question is “No, not exactly.” Credit scoring is specifically related to the loan of money and paying bills. The objective in credit scoring is to discern the likelihood of an individual paying off borrowed funds on time and over a period of time. To determine the “creditworthiness” of an individual … Continue Reading

Will You Sink If You Don’t Have Sinkhole Coverage?

The answer to that question would probably be a definite “yes” if you live in Florida—the sinkhole capital of the United States—and “maybe” if you live in Texas, Pennsylvania, Alabama, Missouri, Kentucky or Tennessee. Sinkholes are especially common in these six states. Sinkholes” are depressions in the surface of the ground caused by an accumulation … Continue Reading

Man’s Best Friend—Are They Covered?

My blog post last month, Man’s Best Friend—Are You Covered, took a look at 2017 dog-bite statistics in the United States and whether the typical homeowners policy covered these types of injuries. The answer to that question more often than not is “yes.” However, there has been a tremendous growth recently in another related industry—pet … Continue Reading

Man’s Best Friend—Are You Covered?

According to the 2017 statistics of the Center for Disease Control (“CDC”), approximately 4.5 million dog bites occur in the United States every year.1 With the United States population as of 2017 at approximately 325.8 million, that means “man’s best friend” bites 1 out of every 72 people a year.2 The CDC 2017 figures indicate … Continue Reading

The Independent Injury Rule Is Dead!

May 11, 2018, is a day that shall live in infamy for insurance law plaintiff attorneys. On that day, the Fifth Circuit declared the independent injury rule as dead in Aldous, PC v. Darwin National Assurance Company,1 citing the substituted April 13, 2018, Menchaca II opinion.2… Continue Reading

An Unlucky Day? Friday, April 13, 2018, the Texas Supreme Court Issued a New Opinion in USAA Texas Lloyds v. Menchaca

On Friday, April 13, 2018, by avoiding black cats, ladders, and breaking mirrors, seven members of the Texas Supreme Court1 managed to issue a new, sixty-six page opinion in USAA Texas Lloyds Company v. Menchaca (“Menchaca II”).2 Withdrawing its April 7, 2017, opinion3 —”Menchaca I”—the court unanimously reaffirmed the five legal principles and rules announced … Continue Reading

Nearly Ten Years Later, Hurricane Ike’s Stormy Winds Are Still Churning in the Texas Supreme Court — USAA Tex. Lloyds V. Menchaca

On April 7, 2017, the Texas Supreme Court in USAA Tex. Lloyds Co. v. Menchaca,1 answered several issues that had continually swirled around litigation arising out of Hurricane Ike policy disputes. Unresolved issues included among others: Whether an insured is required to obtain a breach of contract finding as a prerequisite to a recovery for … Continue Reading
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