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Hanna & Plaut, L.L.P.
Attorneys at Law
The Littlefield Building
106 East 6th Street, Suite 600
Austin, Texas 78701

Phone: 512.472.7700
Fax: 512.472.0205


Articles

Case Notes and Publications by Hanna & Plaut attorneys.

Case Notes | Publications | Archives


Case Notes

Automobile Insurance

In re Miller
Breach of Contract Is Predicate for Bad Faith Claims

Classic Performance Cars, Inc. v. Acceptance Indem. Ins. Co.,
Garage Policy Does Not Cover Repossession Activities

Liberty Mut. Ins. Co. v. Graham
No Extrinsic Evidence Exception to Eight Corners Rule

Mid-Century Ins. Co. v. Daniel
No Attorney’s Fees or Late Payment Penalty Available for UM Claims

Lopez v. Farmers Tex. County Mut. Ins. Co.,
Insured’s Subjective Understanding of UM Waiver Irrelevant If Language Is Clear

Brainerd, Nickerson and Norris
Trio of Texas Supreme Court Cases Address UM/UIM Coverage.

Commercial General Liability Insurance 

Lamar Homes, Inc. v. Mid-Continent Casualty Co.
A Bleak Day for Liability Insurers - Contractor's Defective Construction Constitutes an "Occurrence" and "Property Damage" Under the CGL Policy and the Duty to Defend is a First-Party Claim for Statutory Prompt Payment Penalties.

OneBeacon Ins. Co. v. Don's Building Supply, Inc.
Fifth Circuit Seeks Clarification on "Trigger" for Coverage of Property Damage

DR Horton v. Markel
Extrinsic Evidence Not Allowed to Determine Additional Insured Status

Summit Custom Homes v. Great Am. Lloyds
Court misses opportunity to examine interplay of manifestation trigger and the discovery rule

Pine Oak Builders v. Great Am. Lloyds
The “manifestation” trigger may not be as settled as we thought for simple property damage

Utica v. American Indemnity
Addresses Scope of the "Professional Services" Exclusion in a Medical Malpractice Action with Allegations of Professional and Non-Professional Negligence

Atofina Petrochemicals v. Continental Casualty
Additional Insured Endorsement Provides Broad Coverage

Homeowners Insurance 

Johnson v. State Farm Lloyds
Appraisal Can Determine Extent of Covered Damage

Coats v. Farmers Ins.
No Stacking of Homeowner's Policy Limits

Trahan v. Fire Insurance Exchange
Insured's Delay in Submitting to EUO Precluded Bad Faith/Delay of Payment Claim

Litigation Topics 

In re. Weekly Homes
Texas Supreme Court Compels Arbitration against a Nonparty

Workers' Compensation 

Pickett v. Texas Mutual Insurance Company
Failure to Exhaust Administrative Remedies Bars Bad Faith Claim

Entergy Gulf States, Inc. v. Summers
Premises Owner Can Also be General Contractor Entitled to Exclusive Remedy Defense

Other Insurance Topics 

SURETYSHIP v. INSURANCE:
Birds of a Different Feather That Sometimes Flock Together

Bankruptcy's Automatic Stay:
Litigation and Insurance Policies


Publications

Hot Cases, Including Fortis Benefits (Subrogation Rights) and Mills v. Fletcher (Recovery of Medical Benefits) (Presented at the UT Law School 12th Annual Insurance Law Institute, October 11-12, 2007)

Unisured Motorist Coverage: The Challenge of Putting Third-Party Coverage in a First-Party Box

Stowers Update 2007

Whose Burden Is It Anyway? Article 21.58 and the Burden of Proving Covered and Non-covered Causes in Property Insurance Cases.

Bad Faith Litigation in Texas and Update of Recent Extra-Contractual Cases

2005 Statutory Update

Beyond the Eight Corners: Use of Extrinsic Evidence to Determine the Duty to Defend.

Recent Texas Cases: Crown Life v. Casteel, In re Texas Farmers Insurance Exchange, and McCarthy v. Continental (February 2000)

5 Tips - Reducing Employment Litigation

Homeowner's Insurance, Including the Latest Interpretation Issues and Forms

Insurability of Punitive Damages in Texas

Interpretation of Insurance Contracts in Texas

No Insurance Coverage By Estoppel in Texas

Prompt Notice of Claims and the Requirement of Prejudice

Q&A About Employment "At Will" in Texas


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