Articles Tagged with Texas Supreme Court ruling

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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-04-at-9.59.08-AM-300x298.pngThe Supreme Court of Texas recently issued an opinion in a premises liability case involving teenage church volunteers who suffered injuries in a fire. The church hosted an annual festival featuring rides, games, music, and vendors—the church profits from the festival from receiving a portion of the sales from vendors and sales. The 4-H Leaders Association (4-H) rented a booth at the festival to sell various food items. 4-H paid the church to rent the booth, but the church did not receive any profits from the booth’s sales. According to the record, a fire broke out in the booth, and five volunteers, four of whom were teenagers, suffered injuries in the fire.

The trial primarily hinged on the cause of the fire, the plaintiffs arguing that it stemmed from a defective propane tank, while 4-H and the church argued that it was from one of the volunteers spilling ice into a fryer. The trial court found in favor of the defendants, and the appellate court affirmed in part and reversed in part. The appellate court found that the plaintiffs did not have a claim against 4-H but remanded the case against the church for a new trial.

Under Texas law, a property owner or occupier’s duty to someone on their property depends on the person’s status. Typically, property owners owe invitees a duty to “exercise reasonable care to protect against unreasonable risk of harm,” that the owner knew or should have known through reasonable diligence. Texas property owners owe licensees a lesser duty to use ordinary care to warn of or make a dangerous condition, that the owner knows of, safe.

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https://www.texasinjurylawyersblog.com/files/2020/05/Screen-Shot-2020-05-04-at-9.59.08-AM-300x298.pngThe law provides that Texas insurance companies owe several duties to their policyholders. These procedural and substantive rules aim to ensure that insurance companies settle claims fairly and promptly. Insurance companies that fail to abide by these standards may be liable under Texas’ insurance bad faith and breach of contract laws.

While insurance companies are subject to significant oversight, many companies continue to engage in questionable practices that can adversely affect policyholders. Insurance companies typically maintain a team of experienced attorneys to defend their practices, which often leaves policyholders in a daunting and precarious financial position. Policyholders who face difficulties settling a claim with their Texas insurance company should contact an attorney to discuss their rights and remedies.

Under Texas law, policyholders pursuing a common law bad faith claim must establish their insurance company improperly denied a lawful claim. These causes of action usually stem from misrepresenting a policy, failing to settle in good faith, failing to explain a denial, failing to clarify coverage, and refusing to settle a claim without a reasonable investigation. The most common insurance business practices that lead to these claims are, claim undervaluation, delaying claims or payments, canceling or changing terms of a contract, requesting unnecessary information, alleging fraud without justification.

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