Latest News
Brainard Rule Under Attack in Texas House of Representatives
Uninsured and underinsured (“UM/UIM”) motorist insurance coverage continues to be a hotly debated topic, as attorneys representing insureds seek ways to recover attorneys’ fees in this hybrid cause of action. As we recently reported, the Texas Supreme Court recently turned back one attempt when it denied review in the case of Weber v. Progressive. Currently, the long-established Brainard rule is under legislative “attack” from H.B. 1739. H.B. 1739 seeks to do what Weber could not: eliminate the requirement that she
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Texas Supreme Court Rejects Attempt to Overturn Brainard
On Friday, March 29, 2019, the Texas Supreme Court denied review in Case No. 18-0231, Weber v. Progressive. Hanna & Plaut’s Jeff Glass and David Plaut represented Progressive in this UM/UIM case that sought to overturn the Texas Supreme Court’s Brainard and Henson decisions. Weber argued that she “complied with all conditions precedent” to sue for breach of contract on her personal auto policy with Progressive when she obtained consent to settle with the underlying tortfeasor after exhaustion of the
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Speaking Engagements and Recognitions
We’re pleased to announce that Hanna & Plaut associate Sheila Tan has once again been selected to the 2019 Texas Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. We are not surprised that Sheila is one of that small percentage of preeminent young attorneys in the state. For more information about Super Lawyers, visit SuperLawyers.com. In other news, partner
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Trial News
Congratulations to Sarah Scott and David Plaut on another win at trial! The case – Barbara Hernandez v. Terry Williams – was venued in Williamson County, Texas and tried before Judge John McMaster. Plaintiff suffered from Guillaume Barre Syndrome and was allegedly hyper-sensitive to physical sensation. The accident occurred on Red Bud Road near Highway 79 in Georgetown, Texas. Plaintiff claimed she had the right of way and argued Defendant was driving illegally in the shoulder. The parties disputed who
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Hanna & Plaut Named to Super Lawyers List for 2018
Hanna & Plaut is proud to announce that Catherine and David have once again been selected to the 2018 Texas Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
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Hanna & Plaut’s Catherine Hanna Speaking at Advanced Insurance Law Seminar
It’s not too late to register for the Insurance Law Section’s Advanced Insurance Law Seminar on June 28-29 in San Antonio. Lots of great topics and a great chance to mix and mingle with insurance practitioners on both sides of the bar. The seminar will be held at the fabulous Hyatt Hill Country Resort & Spa. Lazy River anyone? On Friday, Catherine will be presenting on Attacking and Defending Appraisal Awards with policyholder attorney Matthew Pearson. Hope to see you there!
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Menchaca on Rehearing: Simpler than it Seems!
The opinion on rehearing in Menchaca came out today. What initially seems like a daunting read, with Justice Boyd authoring the 65-page plurality opinion, is actually quite clear. A majority of the Court unanimously reaffirmed the legal principles of the prior Menchaca opinion and agreed to reverse the policyholder’s judgment on her Hurricane Ike/homeowner’s claim and to remand for a new trial. Slip op. at *1. The debate between the justices on rehearing – with plurality, concurring, and dissenting opinions
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Fifth Circuit Further Expands Additional Insured Coverage for General Contractors
In December 2017, the Fifth Circuit gave general contractors an early holiday gift wrapped in the opinion styled Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co., 877 F.3d 600 (2017). Swinerton was hired in 2003 as the general contractor on a ten-story office building in College Station, Texas, and contracted with several subs, including A.D. Willis Company, whose scope of work was identified in the subcontract as “ROOFING, ORNAMENTAL METAL, METAL WALL PANELS, And ROUGH CARPENTRY.” Id. at 605. The
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More on Harvey
Please join Bill Chriss and Catherine Hanna on Tuesday morning at 10:00 a.m. Central time for a State Bar sponsored webcast as we discuss the new legislation affecting property insurance claims, as well as legal and practical pointers for handling or defending hurricane, flood, and other catastrophe claims. The Texas State Bar is offering this webcast for free. You can register here:
Hurricanes and Hailstorms – What’s New and What’s True
We’ve seen some misinformation floating around regarding the effect of the recent Hailstorm Bill on insurance claims. The Hailstorm Bill applies to all claims for property damage caused by forces of nature, including earthquake, earth tremor, wildfire, flood, tornado, lightning, hurricane, hail, wind, snowstorm, or rainstorm. The new legislation will apply to lawsuits filed on or after September 1, 2017. Although all major provisions of the Hailstorm Bill apply to suits filed on or after September 1, 2017, the change
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