· 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 CourtListenerSourced 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.