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Trial Victory

March 12th, 2023 By Catherine Hanna

Congratulations to Sheila Tan and David Plaut for their recent win at trial in a wrongful death case styled Cause No. 20-002074, Mandy Menasco, on Behalf of All Wrongful Death Beneficiaries of Seana Mitchell, Deceased v. Colten Mushinski, 361st District Court, Brazos County, Texas. Plaintiff’s decedent was a 19-year-old girl dragged to her death beneath the pickup truck of her boyfriend (the insured). The tragic facts of this case presented some real challenges for the defense. However, in a 10-2
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Surprise! David Plaut is good at arguing!

October 6th, 2022 By Catherine Hanna

We took a little cheering section over to the Texas Supreme Court (conveniently located right next door to our beautiful Texas Capitol) to hear David‘s oral argument this morning. Sadly they made us leave our noisemakers and foam fingers outside, but we provided silent support and he did a great job!


New Year! New Us!

January 24th, 2022 By Catherine Hanna

Press Release – Sheila S. Tan Named Partner at Hanna & Plaut, LLP Austin, TX: Hanna & Plaut, LLP, an insurance coverage boutique firm based in Austin and representing insurance carrier clients throughout the state of Texas since 1998, is pleased to announce the promotion of Sheila S. Tan to the position of Partner with the firm. Sheila has an active trial practice in insurance coverage, first and third-party bad faith and insurance defense and has been included on the
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No Safe Harbor: Hinojos Holds “Late Payment” Penalties Apply Despite Insurer’s Timely Payment of an Appraisal Award

May 2nd, 2021 By David L. Plaut

On March 19, 2021, the Texas Supreme Court issued a 7-2 decision and Opinion by Justice Jane Bland holding there is no appraisal payment safe harbor from Chapter 542 late payment liability for insurers that timely pay appraisal awards after accepting coverage when those payments are late under the statute. See Cause No. 19-0280, Hinojos v. State Farm Lloyds et al., slip op. at *2. In so holding, Hinojos emphasizes that “claim” under Chapter 542 means the amount that “must
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Salmonella Streak Affecting Hundreds Deemed Single Occurrence

January 26th, 2021 By Eric S. Peabody

Patrons of the Pasha Mediterranean Grill in San Antonio had to stomach an unsavory outcome in their bid to obtain multiple occurrence limits in Travelers Cas. Ins. Co. of Am. v. Mediterranean Grill & Kabob Inc., 2020 WL 6536163 (W.D. Tex. Nov. 4, 2020). Between August 29 and September 1, 2018, nearly 200 cases of food poisoning from salmonella bacteria were reported after the patrons ate at Pasha. Hummus prepared at the restaurant was believed to be the source of
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Thanksgiving 2020: In which we discuss the many reasons we have to be thankful, including but not limited to Dolly Parton!

November 24th, 2020 By Catherine Hanna

As we approach Thanksgiving this year, I know it will be different for many of us. There will be empty chairs at the Thanksgiving table, whether because of friends and loved ones we have lost this past year or because the pandemic has caused so many of us to curtail our traditional holiday gatherings. Still, there are reasons to be thankful and this year it may be more important than ever to count our blessings! When I polled my Hanna
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Ruth Bader Ginsburg, 1933-2020

September 20th, 2020 By Catherine Hanna

“Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.” Ruth Bader Ginsburg Like many fellow Americans I was heartbroken to learn on Friday evening that Supreme Court Justice Ruth Bader Ginsburg had died at age 87. For many reasons, this loss hit American women especially hard.  Justice Ginsburg spent her entire career advocating for the rights of women to be treated equally at home and at work. Her legacy can be
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Breaking News on UM/UIM

August 31st, 2020 By Catherine Hanna

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
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Welcome New Attorneys Ana and Erin to Hanna & Plaut

July 14th, 2020 By Catherine Hanna

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
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Texas Supreme Court finds for carriers in Air Ambulance decision.

July 6th, 2020 By Robert Josey

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
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