Chapter 18.001 Affidavits: More Flexible Than You Might Imagine!
Section 18.001 et seq. of the Texas Civil Practice & Remedies Code was enacted to allow for a prima facie showing of the necessity and reasonableness of services by affidavit rather than expert testimony. This evidentiary procedural rule provided plaintiffs with the ability to streamline the necessary proof to establish the reasonableness and necessity of costs. See Gunn v. McCoy, 554 S.W.3d 645, 672 (Tex. 2018) (“Generally speaking, section 18.001 is ‘purely procedural, providing for the use of affidavits to
Read the full article…
Court nixes attempted end-run around Brainard.
The Southern District of Texas, McAllen Division recently issued an opinion in a UIM case that precludes the recovery of extra-contractual damages absent a finding that the insured was entitled to benefits. In Garza v. Allstate, the plaintiff brought suit against Allstate for violations of Chapter 541 of the Texas Insurance Code on the basis that Allstate denied his underinsured motorist claim “without providing any explanation.” Plaintiff specifically alleged that he was “not seeking any of the proceeds of the
Read the full article…
It’s A Round-Up, Y’all!
Ed. Note: At Hanna & Plaut we encourage attorney involvement in practice organizations like the Texas Association of Defense Counsel. We’re also not ashamed to take advantage of the good work they do as part of their responsibilities. Today, we are pleased to present a case round-up that Lauren Burgess prepared as part of her role as a Director-at-Large for TADC. Alcala v. Republic Lloyds, No. 13-18-00026-CV, 2020 WL 830840 (Tex. App.–Corpus Christi Feb. 20, 2020) Holding: Timely payment of
Read the full article…
Chapter 542A and the Importance of the Presuit Notice Letter
Chapter 542A of the Texas Insurance Code applies to wind and hail claims filed on or after September 1, 2017, as a response to concerns raised regarding the handling of insurance claims arising out hailstorms and other forces of nature. The goal of Chapter 542A was to “mitigate the growing trend of abusive severe weather event lawsuits” and to address the growing number of weather-related lawsuits against property insurers, which “is motivated by profit, not actual damages to real property,
Read the full article…
To Abate or Not to Abate – Judges Answer the Question
Should appraisal and litigation proceed concurrently? Appraisal is intended as an extrajudicial process to resolve insurance disputes regarding the amount of damage and is a procedure intended to take place instead of litigation. However, in Texas, appraisal and litigation often coincide because either appraisal is invoked after litigation has commenced or the insured files a lawsuit in spite of an ongoing appraisal. In these cases, should courts abate the litigation pending completion of appraisal? Or should the litigation and appraisal
Read the full article…