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Coverage News: 2009, Issue 1

A Duty to Indemnify With No Duty to Defend: D.R. Horton- Texas, Ltd. v. Markel Int’l Ins. Co., Ltd., --- S.W.3d ----, No. 06-1018 (Tex. Dec. 11, 2009)
Court Refuses Extrinsic Evidence — Pine Oak Builders, Inc., v. Great American Lloyds Insurance Company, 279 S.W.3d 650 (Tex. 2009)
When Mold Attacks—Accidental Discharge Under an HO-B Form: Page v. State Farm Lloyds
Texas Supreme Court Addresses Statutory Employer Immunity for General Contractors
Fifth Circuit Clarifies the CGL Policy’s Exclusions (j)(5) and (j)(6) and Finds an Insurer Is Bound by a Default Judgment After a Wrongful Denial
Prodigy Communications Corp. v. AESIC: The Texas Supreme Court Distinguishes Notice Provisions in Claims-made Policies and Requires a Showing of Prejudice
Will Texas Maintain Bad Faith in Worker’s Compensation Claims? Texas Mutual Insurance Company v. Ruttiger
Appraise First, Argue Later — Texas Supreme Court Sends Message that Texas Courts Will Not Allow Parties to Circumvent Appraisal Clauses but Will Let Them Argue Coverage Later
Insurers Beware: Penalties Accrue When Defense Fees Are Incurred

Coverage News: 2008, Issue 1

Mid-Continent Insurance Company V. Liberty Mutual Insurance Company
No Right of Reimbursement without the Insured's Express Consent
Texas Supreme Court Finds Only That Public Policy Does Not Prohibit Coverage for Punitive Damages Under an Employers Liability Policy
Fifth Circuit Holds that Punitive Damages Are not Insurable under a CGL Policy
"B" Ware! Texas Supreme Court Adopts the Notice-Prejudice Rule for Coverage B
Evanstan Insurance Company v. Atofina Petrochemicals, Inc.

Coverage News: Volume 7, Issue 2

Texas, A Limited Direct-Action State?
Interpleader and Article 542.051: State Farm Life Insurance Company v. Martinez
Carriers Argue Excess “Follow Form” Coverages Are not Bound by Primary Insurer’s Policy Interpretation
How Could One Sentence Cause Such Controversy?

Coverage News: Volume 7, Issue 1

Supreme Court Giveth and The Supreme Court Taketh Away: Pre-Judgment Interest
Recoverable On UM Claims But Attorneys Fee Are Not
Texas Court of Appeals Adopts Standard for Disqualifying an Expert Witness’ Testimony for Conflict of Interest: Formosa Plastics Corp. v. Kajima International, Inc.
Texas Supreme Court Provides Guidance on Both Exemplary Damages and Attorney Fees
Texas Supreme Court Considers Questions of Liability Insurer's Duties to Additional Insured
Who Does Not Request Defense of Coverage
Subrogation's Made Whole Doctrine: Not a Tool For Extracting a Double Recovery

Coverage News: Volume 6, Issue 2

The Supreme Court Answers "No" to the Fifth Circuit's Question Regarding Coverage for Mold: Fiess v. State Farm Lloyds
Prompt Payment Penalties: Waiting on Pins and Needles
Vague Facts as to Date of Occurrence or Damage May Trigger Multiple Policies: Summit Custom Homes v. Great American Lloyds Ins. Co.
Recent Developments in Homeowners Insurance
Duty to Defend Could Be Triggered by Extrinsic Evidence: GuideOne Elite Ins. Co. v. Fielder Road Baptist Church
Thompson Coe Hosts the Sixth Annual Seminar on Texas Insurance Law Developments

Coverage News: Volume 6, Issue 1

The Texas Supreme Court Hears Oral Arguments in the Lamar Homes Case
Confidentiality: But At What Cost?
“Sufficiently Definite” Contract is Close Enough — Owner Qualifies as Additional Insured
The Right to Reimbursement Appears to be Anything But Settled: Excess Underwriters at Lloyd's London
Construction Defect Coverage Revisited — With A Twist: Lennar Corp. v. Great American Insurance Company
Fifth Circuit Analyzes CGL Auto Use Exclusion: EMCASCO Insurance Company v. American International Specialty Lines Insurance
Court of Appeals Finds Insurer Overpaid Claim: Fire Insurance Exchange v. Sullivan
Virtual Representation is a Virtual Reality: Texas Supreme Court Weighs in on an Insurer's Right to Intervene in a Liability Lawsuit
Congress Extends the Terrorism Risk Insurance Act
Personal Lines Insurance: Changes in 2006

Labor & Employment News

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Labor & Employment News: 2009, Issue 3

Supreme Court’s Reversal in Ricci v. Destefano: No Effect on Sonia Sotomayor’s Confirmation, but, Important New Guidance in Resolving Conflicting Theories/Claims of Discrimination
Texas Supreme Court Continues to Expand Enforceability of Covenants-Not-To-Compete
After Gross: Proof in Age Discrimination Cases
Texas Legislature Amends Labor Code Provisions on Disability Laws

Labor & Employment News: 2009, Issue 2

Commission's Proposed Rules Implementing Genetic Act of 2008
Retaliation Against Participants In An Internal Investigation Prohibited By Title VII
Staff Reductions: Avoiding Risks and Potential Pitfalls
Fifth Circuit Imposes Limitations on the Use of Offers of Judgment in FLSA Collective Actions

Labor & Employment News: 2009, Issue 1

"Employee ~~Free~~ Forced Choice Act" Moves Front and Center in Congress -- Get Involved Now !!
Other Pending Legislation
Fifth Circuit Increases the Threat of Punitive Damages in Discrimination Cases
Summary Judgments Largely Eliminated under the New ADA Amendments
Minnesota Adopts Federal Ellerth-Faragher Standards for Imposing Liability on Employer for Supervisory Sexual Harassment
A New Wave of FLSA Claims: Employees Using BlackBerrys from Home for Work-Related Purposes
Progressive Disciplinary Policies Need to Be Discretionary

Labor & Employment News: 2008, Issue 3

U.S. Supreme Court Holds Employers Bear the Burden of Production and Proof on ADEA RFOA Defense
U.S. Congress and President Bush Pass Genetic Information Nondiscrimination Act of 2008
A New Wave of FLSA Claims: Employees Using BlackBerrys from Home for Work-Related Purposes
Filing a Claim with the EEOC within 300 Days but Outside 180 Days Does not Satisfy the Texas Labor Code
Quick Tips
Supreme Court Affirms Alternative Retaliation Remedy
Electronic Newsletters
Save the Date -- Third Annual Labor & Employment Seminar October 1, 2008

Labor & Employment News: 2008, Issue 2

Recent Expansions To The Family & Medical Leave Act Cover Military Families
Compliance With Overtime And Minimum Wage Requirements: Are Volunteers Really "Volunteers"?
FMLA Leave Can Run Concurrently With Workers' Compensation
"Me Too" Evidence - At Least It's A Two-Way Street
When Is A "Charge" A "Charge"??

Labor & Employment News: 2008, Issue 1

No “R-E-S-P-E-C-T” For The NLRB
Is Time On Your Side? Courts Rule Timing Along Is Insufficient To Support Retaliation Claims
U.S. Supreme Court To Consider What Constitutes A Charge of Discrimination
A Victory For Employees Under The FLSA: Attorney's Fees Can Be Recovered Even When The Wages Owned Are Nominal
"But It Happened To Me, Too!!!"
Quick Tips

Labor & Employment News: Volume 8, Issue 2

The "Iceman" Cometh (Maybe)
U.S. Supreme Court Clarifies "Original Source" Under The False Claims Act
Do You Really Know Your Employees?
Is Your Employee "Engaged in Interstate Commerce"?
"Free Choice" or Free Elections?

Labor & Employment News: Volume 8, Issue 1

Texas Supreme Court Changes Stance on Enforceability of Non-Compete Agreements in At-Will Employment
New Federal Rules Address “Electronically-Stored Information”
NLRB Decision Provides New Guidelines and Expansive Interpretation of “Supervisor” Under the National Labor Relations Act
Wage and Hour Retaliation Suits: Calculating Damages For Employees That Make More Money After They Leave
The “Reasonableness” of a Neutral Absence Control Policy
Employers Speak Out In Frustration Regarding Experiences With The Family And Medical Leave Act

Labor & Employment News: Volume 7, Issue 4

U.S. Supreme Court's Retaliation Ruling Touted as Major Victory for Employees
DOL's Advisory Memorandum on Donning and Doffing Specialized Gear
Texas Supreme Court Strengthens Probable Cause Presumption for Employers in Malicious Prosecution Cases
Piggybacking Employment Discrimination Claims
OFCCP Issues New Standards and Self-Evaluation Guidelines for Evaluating Discriminatory Compensation Practices.
September 30th Deadline: Has Your Company Filed its Annual EEO-1 Report?
Only Willful Absences or Tardiness Deductions Allowed with Fluctuating Workweek
Seniority System Prevails Over Requested ADA Accommodation
Minor Changes to Returning Employee's Job Duties Do Not Violate FMLA
Employers Have Duty to Monitor Employees' Electronic Communications to Prevent Harm to Third Parties

Labor & Employment News: Volume 7, Issue 3

Arbitration Agreements in Employee Handbooks: Are they Enforceable?
Pages from the Opposition’s Playbook: The EEOC Revises its Compliance Manual
DOL Opinions: Timekeeping Policies and Pay Deductions for Exempt Employees
Employees Can’t Use FLMA Leave for Unscheduled Workplace Breaks
The Application Process: How to Avoid Hiring the Bad Employee
Employers Must Comply with State and Federal Document Disposal Rules
USERRA Claims are Subject to Binding Arbitration

Professional Liability News

Professional Liability News: Volume 2008-01

Additional Insured Must Conduct Additional Diligence
Recoverable Damages In Legal Malpractice Action
Third Party To Insurance Contract Is Bound By Representations Within Four Corners Of Policy
Pitfalls Of Electronic Discovery