Susan Kidwell

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Issues to Watch

  1. Causation—What is an insured’s burden when the claimed loss involves a mix of covered and non-covered causes? Overstreet v. Allstate Vehicle & Prop. Ins. Co., No. 21-10462, 2022 WL 1579278 (5th Cir. May 19, 2022). This case involves a claim to replace a leaky roof. The insured claimed that the roof leaks were caused by a hailstorm, but the insurer determined that the leaks were due to uncovered causes, including wear and tear along with damage from prior hailstorms.

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Read More May 2022 Property Insurance Law Updates

In Richards v. State Farm Lloyds, — S.W.3d —, 2020 WL 1313782 (Tex. Mar. 20, 2020), the Texas Supreme Court answered a certified question from the Fifth Circuit Court of Appeals about the scope of an insurer’s duty to defend its insured against third-party claims. In determining whether an insurer has a duty to defend, Texas generally uses the “eight corners rule,” under which an insurer’s duty to defend is determined by comparing the claims alleged within the four corners of the petition with the coverage provided within the four corners of the policy.
Read More Locke Lord QuickStudy: Texas Supreme Court Answers Certified Question Regarding an Insurer’s Duty to Defend