TWENTY-FIRST CENTURY: DUTY TO DEFEND NOT AT ALL DEMOLISHED: TEXAS SUPREME COURT ANSWERS FIFTH CIRCUIT QUESTION AND ADDRESSES THE DISTRICT COURT’S RICHARDS DECISION PART THREE OF THREE
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TWENTY-FIRST CENTURY: DUTY TO DEFEND NOT AT ALL DEMOLISHED: TEXAS SUPREME COURT ANSWERS FIFTH CIRCUIT QUESTION AND ADDRESSES THE DISTRICT COURT’S RICHARDS DECISION PART THREE OF THREE Michael Sean Quinn** Quinn and Carmona quinn@QClaw-adr.com The court’s unanimous opinion in this case, Richards v. State Farm Lloyds, 19-0802, delivered on March 20, 2020 is brilliant. It ..read more
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TWENTY-FIRST CENTURY: DUTY TO DEFEND ATTACKED BUT NOT DEMOLISHED: FIFTH CIRCUIT COURT OF APPEALS ADDRESSES THE DISTRICT COURT’S RICHARDS DECISION PART TWO OF THREE
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TWENTY-FIRST CENTURY: DUTY TO DEFEND ATTACKED BUT NOT DEMOLISHED: FIFTH CIRCUIT COURT OF APPEALS ADDRESSES THE DISTRICT COURT’S RICHARDS DECISION PART TWO OF THREE Michael Sean Quinn* Quinn and Carmona In Part One, three cases were discussed. One of them set forth the current Texas version of the Eight Corners Rule (8CR), which govern insurers ..read more
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TWENTY-FIRST CENTURY: DUTY TO DEFEND ATTACKED BUT NOT DEMOLISHED: LOGIC REJECTED AND REASON IGNORED PART ONE OF THREE
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TWENTY-FIRST CENTURY: DUTY TO DEFEND ATTACKED BUT NOT DEMOLISHED: LOGIC REJECTED AND REASON IGNORED PART ONE OF THREE Michael Sean Quinn* Quinn & Carmona Austin Texas Insurance arrangements of various sorts have been around for thousands of years. Not so with respect to liability insurance.  Bearing anything like that name, it seems to have been ..read more
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AN INSURING AGREEMENT FROM AN 18TH CENTURY POLICY
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
ONE BRITISH FIRE POLICY 1700 After the Great Fire in London in 1684 many mutual associations and several companies were formed which offered fire insurance. Here is one of the coverage clauses in one of the policies, this one that of “Hand in Hand Mutual Fire Insurance Office.” This mutual merged with another and they ..read more
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LIABILITY INSURANCE – DUTY TO DEFEND – HISTORICAL DEVELOPMENT
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
LIABILITY INSURANCE AND THE DUTY TO DEFEND: SOME HISTORICAL DEVELOPMENTS? Michael Sean Quinn, Ph.D. & J.D. This is an anecdotal and, to some extent, conjectural, even speculative, introductory history of the development of a crucial part of liability insurance. Reliable literature on the origins and development of liability insurance is impossible to find.  Thus, one ..read more
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INSURER’S DUTY TO DEFEND, EIGHT (8) CORNERS RULE, COLLUSIVE FRAUD, PROVING COLLUSIVE FRAUD CONCLUSIVELY BY INSURER A NEW EXCEPTION
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
LIABILITY INSURER’S DUTY DEFEND SACROSANCT IN INSURANCE CONTRACT SUBJECT TO RARE EXCEPTION, HOLDS TEXAS SUPREME COURT Loya Ins.  Co. v. Hurtado Michael Sean Quinn, Ph.D., J.D., C.P.C.U.  Etc.* The duty of a liability insurer to defend its insured is a central part of the liability insurance contract. It may be found there either by the explicit ..read more
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TEXAS PROMPT PAYMENT OF CLAIMS ACT [TPPCA] & POLICY APPRAISAL CLAUSES
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TEXAS PROMPT PAYMENT OF CLAIMS ACT [TPPCA]  &  POLICY APPRAISAL CLAUSES Alvarez v. State Farm Lloyds, 18-0127 (Tex. April 17, 2020) (per curiam) Lazos v. State Farm Lloyds, 18-0205 (Tex., April 17, 2020) (per curiam) Quinn Comment. Technically, a per curiam decision or opinion is one in which no particular judge is listed as the deliverer ..read more
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ORTIZ v. SFL APPRAISAL BOYD, J. CONCUR AND DISSENT
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TEXAS PROMPT PAYMENT OF CLAIMS ACT [TPPCA] APPRAISALS & INSURANCE BAD FAITH Ortiz v. State Farm Lloyds Insurance [SFL], 589 S.W.3d 127 (Tex. 2019) Justice Boyd [Alone] Concurring In Part and Dissenting In Part Justice Boyd agrees with the majority of the court that SFL’s payment of the appraisal amount cuts off any breach of contract ..read more
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ORTIZ V. SFL APPRAISAL TPPCA HECHT CONCUR AND DISSENT
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TEXAS PROMPT PAYMENT OF CLAIMS ACT [TPPCA] APPRAISALS & INSURANCE BAD FAITH Ortiz v. State Farm Lloyds Insurance [SFL], 589 S.W.3d 127 (Tex. 2019) Opinion of Chief Justice Hecht Concurring in Part and Dissenting in Part Chief Justice Hecht is joined by three other Justices. Justice Hecht would have affirmed the court of appeals’ decision in ..read more
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ORTIZ v. SFL TPPCA–APPRAISALS–FRAGMENTED CT 3 OPINIONS — As Usual
MSQ – Insurance Law | Expert Witness
by Michael Sean Quinn, PhD, JD, CPCU, Etc.
9M ago
TEXAS PROMPT PAYMENT OF CLAIMS ACT [TPPCA] APPRAISALS & INSURANCE BAD FAITH Ortiz v. State Farm Lloyds [SFL], 589 S.W.3d 127 (Tex. 2019) Opinion of the Court This case is closely similar and therefore related to an insurance case decided the same day, namely Barbara Technologies Corporation [BT] v. State Farm Lloyds [SFL], 589 S.W.3d ..read more
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