Skip to main content
· 9/16/2015

Weiser-Brown Operating Co. v. St. Paul Surplus Lines Insurance

Citations

  • 801 F.3d 512
  • 2015 U.S. App. LEXIS 16490
  • 2015 WL 5449134

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that recovery under Chapter 542 requires showing “that the insurer is liable for the claim”
  • finding that retaining an expert to conduct a second inspection “demonstrates an effort on [the insurer’s] part to obtain an expert opinion on a complicated coverage issue”
  • holding insurer cannot avoid liability under Texas’s Prompt Payment of Claims Act “by pointing after-the-fact to missing information, the absence of 21 which did not affect the insurer’s decision
  • explaining that a plaintiff may recover interest under the Insurance Code’s prompt payment statute where the plaintiff establishes “(1) a claim under an insurance policy; (2) that the insurer is liable for the claim; and (3
  • affirming grant of judgment as a matter of law where “[t]he evidence presented at trial … established a bona fide coverage dispute”
  • finding an insurance claims handling expert’s testimony was conclusory when based on the expert’s own untestable view of custom and practice in the industry

Source: CourtListener parenthetical corpus (CC0).

Judges: Jolly, Higginson, Costa

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.