Latest News


It’s A Round-Up, Y’all!

March 29th, 2020 By Lauren Burgess

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
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WEBINAR ALERT

March 21st, 2020 By Catherine Hanna

Catherine will be presenting an Insurance Section Webinar on Wednesday, March 25, 2020 from 12:00 p.m. to 1:00 p.m. CDT on the hot topic of recent developments in UM/UIM litigation. (Ok, maybe not the hottest topic currently, but let’s be real. Don’t you want to think about something other than Coronavirus for an hour? Plus it’s the perfect CLE for social distancing. You can get without leaving your house!). Shawn Mechler, of the Crosley Law Firm in San Antonio, is
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The View From My Office: How Hanna & Plaut is Handling COVID-19

March 16th, 2020 By Catherine Hanna

In keeping with CDC guidance, Hanna & Plaut attorneys and staff will be working from home for the next two weeks. Many Hanna & Plaut attorneys already work from home several days out of the week so we know that our remote capacity is good and we will be available to handle your cases productively and efficiently. We expect to have a skeleton crew on hand to handle phone calls and filing deadlines, but you can always reach attorneys by
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Happy International Women’s Day

March 9th, 2020 By Catherine Hanna

We’ve come a long way, baby!  Arabella Mansfield became the first female lawyer in the United States when she was admitted to the Iowa bar in 1869. Edith Locke became the first female lawyer in Texas in 1902 and Hortense Ward was the first woman in Texas to be admitted to the United States Supreme Court Bar in 1915. In my first year of law school, I learned that two famous alumni had faced very different career opportunities when they graduated
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Is Eight Enough, Part 2 – Texas Supreme Court Justices Signal Skepticism of Extrinsic Evidence Exception

February 9th, 2020 By Eric S. Peabody

On January 8, 2020, the Texas Supreme Court heard argument on a certified question from the U.S. Court of Appeals for the Fifth Circuit in State Farm Lloyds v. Richards, 784 Fed. App’x 247 (5th Cir. 2019), certified question accepted (Sept. 13, 2019), which asks: Is extrinsic evidence permissible—and the strict eight-corners rule inapplicable—in determining the duty to defend if the policy does not require defense of groundless, false or fraudulent allegations? Jeff Glass previously blogged about this certified question here.
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A Judicially Created Catch 22? The Settlement Without Consent Clause

February 3rd, 2020 By Karla Huertas

The uninsured/underinsured (UM/UIM)  coverage portion of Texas automobile insurance policies contains a “settlement without consent” provision which requires an insurer to obtain the consent of its insured before settling any claim. This condition exists to protect the interests of insurance carriers in recovering from a responsible party money paid to the insured in connection with an accident. Recently, in Davis v. State Farm Lloyds, Inc., 2019 WL 5884405 (Tex. App.—Dallas Nov. 12, 2019, no pet. h.), the Fifth Court of
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Plaut Spouts: Dealing with the Difficult Lawyer

January 20th, 2020 By David L. Plaut

One of the great pleasures of law practice is the camaraderie between lawyers and professionalism that exist despite the often high-stakes nature of litigation.  On the other hand, there’s nothing worse than having to deal with opposing counsel who is rude to you and your staff, belligerent in his demands, oblivious to the clear requirements of Texas law, and contentious as a matter of course.  Dealing with jokers of this sort is a skill that can be learned.  I’ve often
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Happy New Year! High hopes for 2020!

January 15th, 2020 By Catherine Hanna

“A New Year’s resolution is something that goes in one year and out the other.” ‘Tis the season. . . for goals and resolutions! Many people scoff at those of us who make New Year’s Resolutions, claiming they don’t work. That attitude may be accurate for many resolutions – even if we do lose those pounds, aren’t they more likely than not to come right back on? In fact, the trend these days, is to come up with goals or
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Lauren Burgess Appointed as Director-at-Large for TADC

December 11th, 2019 By Catherine Hanna

Hanna & Plaut is pleased and proud to report that our own Lauren Burgess has been named a Director-at-Large for the Texas Association of Defense Counsel. TADC is a professional organization of civil trial attorneys dedicated to promoting excellence in its members, fairness in our judicial system, and preserving the right to jury trial for all citizens. In order to become a member of the Texas Association of Defense Counsel, an attorney must be in good standing with the State
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Chapter 542A and the Importance of the Presuit Notice Letter

December 1st, 2019 By Lauren Burgess

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,
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