Insurance Law Section
ILS Events Calendar

Apr

28

Council Conference Call

May

18

Council Meeting

San Antonio Gravely & Pearson

May

28

Council Meeting

Austin McGuire Woods

Jun

11

Advanced Insurance Law Course

San Antonio. Hilton Hill Country Resort & Spa June 11-12

Jun

18

SBOT Annual Meeting

San Antonio 2:30 ILS presents Chief Justice Nathan Hecht.

When is a Breach Not a Breach?
by Tarron L. Gartner

Greene v. Farmers Ins. Exch. and the SCOT’s Continuing Debate over the Material Breach Rule

Co-author: Whitney Warren

Last summer, the Texas Supreme Court’s decision in Greene v. Farmers Ins. Exchange, probably left most of us scratching our heads.  In Greene, the Court reached the surprising conclusion – at odds with the Court’s prior rulings – that the vacancy clause of a Texas homeowners policy is not “breached” by the insured’s failure to occupy the residence premises, because it does not confer an obligation upon the insured to occupy the property, but merely defines the scope of what the policy insures.  Therefore, concluded the Court, neither the anti-technicality statute nor the material-breach rule prohibit an insurer from denying coverage for a loss that occurs while the property is vacant, even if the vacancy did not contribute in any way to the loss. 

Factual Summary

The insured, LaWayne Greene, insured her house through Farmers Insurance Exchange under a Texas Homeowners-A Policy (HOA) form, endorsed by TDI, effective from February 10, 2007 to February 10, 2008. Greene moved out of her residence o...(Continue)

 
TDI News
TDI Announces Top 10 Insurance Fraud Cases of 2013
TDI—
More than $10.3 million in insurance fraud was identified in criminal cases referred for prosecution by the TDI Fraud Unit in 2013.
TDI Issues Bulletin Regarding Roofers and Insurance Adjusters
TDI—
TDI has issued a bulletin to insurance companies, insurance adjusters, and roofers, reminding them of prohibitions related to public insurance adjusters.
Rule Aims to Assist Injured Employees Seeking Lifetime Income Benefits
TDI—
The Division of Workers’ Compensation (DWC) is accepting public comment on a rule that will assist injured employees seeking Lifetime Income Benefits in the Texas workers’ compensation system.
 
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Section News
Applications Sought For Membership on Insurance Law Section Council

The Nominating Commitee for membership on the Insurance Law Section's governing Council is seeking applications from Section members who are interested in serving on the Council.  The... (Continued)

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