Steven Schulwolf

Texas Products Liability (auto) -- Rebutting Section 82.008's presumption of non-liability for compliance with safety regulations In a very contested case arising from a tragic 2015 accident involving catastrophic injuries (quadriplegia) involving product liability allegations relating to the seat belt system for a third-row middle seat passenger (age 23), the Texas Supreme Court has just reversed the judgment of the trial court and lower appellate court which had awarded a $26 million judgment in favor of the injured passenger against the automobile manufacturer (which had included joint and several liability). Unlike the trial court and lower appellate court, and agreeing with the auto manufacturer, the Texas Supreme Court held the affirmative defense of compliance with mandatory federal safety standards was applicable and this the presumption was not rebutted. As such, the Court also concluded there was no evidence to support the jury's finding that federal safety standards were inadequate to protect the public. Thus, it reversed the lower courts below and rendered a "take-nothing" judgment in favor of the auto manufacturer. Before trial, the injured passenger had settled with all other defendants (vehicle owner and ride-share driver and ride-share provider). Amicus briefs were also filed in this matter. The majority opinion issued on June 28, 2024 is pasted below.

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The Louisiana Direct Action statute has been changed significantly. There will not be a direct action against an insurer except in limited circumstances. direct action against an insurer shall not be brought unless one of the following applies: (1) the insured files for bankruptcy; (2) the insured is insolvent; (3) service or citation or other process has been attempted without success or the insured defendant refuses to answer or otherwise defend the action within 180 days of service; (4) when the cause of action is for damages as a result of an offense or quasi-offense between children and their parents or between married persons; (5) when the insurer is an uninsured/underinsured motorist carrier; (6)when the insured is deceased; (7) when the insurer is defending the lawsuit under a reservation of rights or the insurer denies coverage to the insured, but only for the purpose of establishing coverage. The filing of an action against the insured interrupts prescription as to all insurers whose policies provide coverage for the claims asserted in the lawsuit. Insurers shall not be named in the case caption of the lawsuit. No court shall disclose the existence of insurance coverage to the jury or mention such insurance in the jury's presence. With the first responsive pleading filed on behalf of the insured defendant, counsel for the insured defendant who is authorized by an insurer shall certify to the plaintiff the name and address of any insurers for whom he is authorized to confirm that they waive any further notice related to the cause of action other than that provided to the counsel for the insured. The insurer is deemed to have all notice provided to the counsel for the insured who has entered this waiver unless it provides written notice to the parties instructing notice be additionally sent to another counsel. If an insurer has waived notice of the cause of action then an order to join the defendant post-verdict may be issued ex parte when filed. (see more in first comment)

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HURRICANE FRANCINE - Insurers Must Notify Policyholders if Three Adjusters Are Assigned to a Homeowner's Claim INSURERS TAKE NOTICE In 2022, the Louisiana Legislature passed a law requiring insurance companies to provide notice to a policyholder in a named storm or disaster claim when a third or subsequent claims adjuster is assigned in a six month period. The notice - when each new adjuster is assigned beginning with the third - requires: - The manner in which the insured's deductible has been applied and whether the deductible has been exhausted - The dollar amounts available under each coverage - The dollar amounts paid under each coverage - The dates of payments, to whom the checks were payable and addresses to which the payments were sent - A summary of the items that remain to be adjusted and information needed from the insured to complete the adjustment process - A primary contact with two or more direct means of communication with that contact. #Francine #Insuranceclaims #ProperyClaims

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In our latest #FMG blog, Christopher Donnelly summarizes two pivotal Texas cases involving wrongful death actions stemming from vehicular accidents. Click the link below to read more and understand how these TX cases are part of a broader trend affecting freight brokers nationwide. https://lnkd.in/eHAAQEkp #FMGLaw #transportation #Texaslaw #torts #FAAAA

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Property Insurance Claims Disputes 📑 If you are fortunate enough to own property in Texas, you know how important it is to maintain the value of your investment. That’s why you spend so much money on your commercial property insurance premiums. You hope that you’ll never have to make a property insurance claim, but circumstances, bad luck, or Texas weather may have other plans. My law firm has handled property insurance claims arising from hail storms, wind storms, tornados, fire, boiler explosions, broken pipes, lightning, vandalism and theft. Never submitted a property insurance claim? You may be in for a surprise. Most property insurers want to settle your claim. However, it’s important to understand that property insurance companies want to settle your claim on terms that are favorable to them. After all, they are in business to make money, and paying your claim does not help their bottom line. That’s why you need to protect yourself and your investment. You need to find someone who can read and interpret your policy, then work to maximize your recovery. My law firm does this for commercial property owners all over Texas and Oklahoma. No matter where you are in the property insurance claims process, the Hoch Law Firm can help. Give us a call at 800-828-5160 📲 #attorney #businessowner #commercialproperty #insuranceclaim #texas #oklahoma

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