I am constantly reading the new court decisions to make sure I am up to date on the latest cases that affect my clients ability to recover money for their damages. Here are some from the past month that you should know about, in order of importance to my auto and truck crash victims:
Feb. 4: Progressive County Mutual Insurance, Co. v. Delgado, Amarillo Court of Appeals: automobile insurance coverage, limitation of recovery of medical and health care expenses in a personal injury case under the “paid or incurred” provisions of Section 41.0105 of the Civil Practices and Remedies Code. This continues the split of authority in the appellate courts as to whether all medical bills incurred or only those paid by health insurance or other outside sources can be the basis for the past medical bills included in a verdict, with the Amarillo court limiting the bills to only those paid by insurance in a defeat for the plaintiff’s bar. The Texas Supreme Court will have to rule on this controversial subject, and as extremely conservative as its members are, I anticipate the Court unfortunately upholding decisions such as this one. However, until it does, I will continue to argue in court that my clients are entitled to be compensated for the ENTIRE amount of their medical bills.
Feb. 1: Admiral Ins. Co. v. H & W Industrial Services,Inc, Western District of Texas, El Paso (federal court): commercial general liability insurance; “your products” exclusion; impaired property; exclusion; duty to defend and duty to indemnify analyzed.
Feb. 7: Crowell v. Cigna Group Insurance, Fifth Circuit Court of Appeals (federal court): ERISA; long-term disability benefits decision.
Feb. 8: Jaster v. Shelter Mutual Ins. Co., Dallas Court of Appeals: property insurance coverage; principal-agency relationship.
Jan. 13: Calhoun v. F. Hall Mowing Co., Fort Worth Court of Appeals: workers’ compensation insurance coverage; exclusive remedy provision discussed in depth.
Feb. 10: Nova Casualty Co. v. Turner Construction Co., Houston [14th Dist.] Court of Appeals: performance bond; trigger of performance bond obligations; notice of default; pre-judgment interest on attorneys’ fees.