Insurance

The U.S. Fifth Circuit recently faced some atypical language in a homeowner’s policy written in Texas, providing guidance in interpreting property loss provisions under Texas law. In its January 28, 2016, opinion, the court first had to determine whether the insureds or the insurer bore the burden of proving depreciation to the property at issue.

The U.S. Fifth Circuit recently interpreted an “Ordinance or Law” provision of an insurance policy under Louisiana law, holding that the provision required an insurer to pay for renovations to buildings at a property site that were not damaged in a fire in one of the other buildings at the site. Houston Specialty Insurance Company

An insurer in Louisiana potentially faces damages for bad faith failure to settle a claim, even if it does not receive a firm offer to settle the claim. Louisiana Revised Statute 22:1973(A) provides: “An insurer … owes to his insured a duty of good faith and fair dealing. The insurer has an affirmative duty to

The U.S. Fifth Circuit recently interpreted an insurance policy exclusion prohibiting one insured from suing another party insured under the same policy.  In finding the exclusion inapplicable, the Fifth Circuit determined that a claim for indemnity differed from a claim for “property damage” as required by the language of the exclusion. In Kinsale Insurance Company v.

Ten years later, the courts are still handling cases related to Hurricane Katrina. The United State Fifth Circuit Court of Appeals recently issued a decision arising from fraudulent classification of claims submitted by insurers. This decision issued by the Fifth Circuit on July 13, 2015 did not directly address insurance coverage questions, but involved other