Articles by Brian S. Martin and Suzanne M. Patrick

Texas Supreme Court Takes Up Contractual Liability Issue, Again

Justices to Consider Questions Posed in Ewing Construction v. Amerisure One of the most fascinating aspects of writing the Legal Beat Column is that often issues that we discuss here seem to be “finally” decided, only to reappear again. For …

The Next New Thing

Coverage Issues from Fracking Claims Every few years there are predictions of a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the …

The Next New Thing: Coverage Issues from Fracking Claims

Every few years it seems that there are predictions a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the fear of Y2K …

The Next New Thing

Coverage Issues from Fracking Claims Every few years there are predictions of a new type of claim that threatens to engulf carriers. In the 1980s and 1990s it was environmental clean up claims and SuperFund, followed shortly by asbestos, the …

Medicare Liens and Settlements Following United States v. Stricker

Reaching a settlement amount between the carrier and a plaintiff over a personal injury claim is sometimes the easiest part of a settlement where Medicare liens are involved. Medicare is a payer of last resort, which simply means everyone with …

Medicare Liens and Settlements Following United States v. Stricker

Reaching a settlement amount between the carrier and a plaintiff over a personal injury claim is sometimes the easiest part of a settlement where Medicare liens are involved. Medicare is a payer of last resort, which simply means everyone with …

‘Loser Pay’ Comes to Texas

Texas Gov. Rick Perry has signed legislation into law commonly referred to as the “Loser Pay Rule.” Immediately, the national press jumped on this new statute as an example of a major step forward in tort reform. However, very few …

Defining Standards in Texas for the Duty to Defend and Indemnify

After years of maintaining that the duty to defend and the duty to indemnify were independent duties in a liability policy, the Texas Supreme Court held in 1997 that the same allegations used to determine that no duty to defend …

One Thing Is Not Another: Defining Standards for the Duty to Defend and Indemnify

After years of maintaining that the duty to defend and the duty to indemnify were independent duties in a liability policy, the Texas Supreme Court held in 1997 that the same allegations used to determine that no duty to defend …

Do Certificates of Insurance Matter?

For many years it has been generally understood by agents, insurers and insureds that Certificates of Insurance are very limited in their purpose. That view may be under assault in Texas. Generally, a Certificate of Insurance is a summary document …