Latest News
Breaking News on UM/UIM
On Friday, the Texas Supreme Court set an underinsured motorist (UIM) mandamus case – Cause No. 19-0791, In re State Farm Mutual Automobile Insurance Co. and Terecina Shahan – for oral argument on December 2, 2020. The case revisits an issue presented to the Court in Weber v. Progressive Cty. Mut. Ins. Co., 2018 W. 564001 (Tex. App. – Dallas 2018, pet. denied) on Petition for Review. In Weber, the Dallas Court of Appeals affirmed the dismissal of extracontractual UIM
Read the full article…
Welcome New Attorneys Ana and Erin to Hanna & Plaut
We are thrilled to welcome Ana Navarette and Erin Holmes to the Hanna & Plaut family. Erin comes to us from Skelton & Woody where she represented insurance carriers and their insureds, primarily defending lawsuits arising from auto accidents involving claims of negligence, UIM coverage, breach of contract, DTPA, Texas Insurance Code, and bad faith. Erin was awarded her law degree from the University of Wisconsin Law School-Madison in 2002. She has been licensed to practice law in Texas since
Read the full article…
Texas Supreme Court finds for carriers in Air Ambulance decision.
On June 26, 2020, in a 7/2 ruling, the Texas Supreme Court issued its decision in Texas Mutual Insurance Company v. PHI Air Ambulance, reversing the Austin Court of Appeals and holding that: (1) federal law does not pre-empt the Texas Department of Insurance – Division of Workers’ Compensation (the Division) from determining fair and reasonable rates for air ambulance services; and (2) federal law does not require the Division to mandate Carriers pay more than a fair and reasonable
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…
Lauren Burgess Appointed as Director-at-Large for TADC
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
Read the full article…
Hanna & Plaut Partners Selected Once Again to the Texas Super Lawyers List
Congratulations to Hanna & Plaut partners David Plaut and Catherine Hanna on their selection to the 2019 Texas Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected to receive this honor. Catherine and David are especially proud of this achievement since it is based on a process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. While achieving this level of
Read the full article…
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
Read the full article…
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
Read the full article…
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
Read the full article…
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
Read the full article…