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October 22, 2026
SAN ANTONIO — A contractor is seeking panel rehearing and en banc reconsideration of a Texas appellate panel’s conditional grant of mandamus relief to its subcontractor’s insurer, arguing that the panel wrongly applied the no-direct-action rule because its allegations present a direct coverage dispute between the insurer and the contractor as an additional insured.
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October 22, 2026
NEW ORLEANS — A builder filed a motion for leave to file supplemental briefing in the Fifth Circuit U.S. Court of Appeals, arguing that a lower court judge’s supplemental memorandum providing further explanation regarding why he granted summary judgment in favor of the insurer in the builder’s suit seeking indemnification for an arbitration award for damages caused by defects in a home built by the builder brought up an issue not previously briefed — whether, as the judge put it, the arbitration proceeding was an “occurrence.”
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October 21, 2026
HOUSTON — An insurer filed suit in a Texas federal court against two insurance program partners, alleging that they breached a guaranty and indemnity agreement by failing to pay $4.7 million in collateral owed by a nonparty captive insurance cell under a quota share reinsurance agreement.
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October 21, 2026
DALLAS — A federal judge in Texas granted an insurer’s motion for summary judgment, finding that the “your work” exclusion barred coverage for damage to and repair of a sign installed by a contractor and that the subcontractor’s claimed travel and loan costs did not constitute covered “property damage.”
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October 20, 2026
SHERMAN, Texas — After a Texas federal judge dismissed the bulk of three related oil and gas companies’ claims against a group of insurers participating in the Lloyd’s of London insurance market over the alleged failure and refusal to honor obligations under environmental policies, the underwriters filed an answer to the two surviving causes of action and a series of counterclaims for declaratory judgment, arguing that coverage is unavailable or limited under various policy provisions.
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October 19, 2026
HOUSTON — Agreeing with a magistrate judge’s analysis that a man could not state a claim under Title 42 U.S. Code Section 1983 against his insurer and failed to properly serve four of the defendants in a suit stemming from the alleged underpayment of damages following a winter storm and other events, a federal judge in Texas adopted a report and recommendation and dismissed claims against the insurer with prejudice and against two adjusters, another company and its CEO without prejudice.
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October 16, 2026
DALLAS — In a ruling on a motion for summary judgment, a Texas federal judge “largely” dismissed extracontractual claims brought by a homeowner against her insurer in a dispute over payment for alleged damages from a hailstorm but kept alive claims for breach of contract, failure to affirm or deny coverage within a reasonable time, delayed payment of insurance benefits and associated statutory damages and deceptive trade practices based on state insurance code violations.
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October 16, 2026
SHERMAN, Texas — A commercial general liability insurer filed a complaint in Texas federal court, seeking a declaration that it has no duty to defend or indemnify insureds for the release of a toxic chemical from an insured facility because its policy’s pollution exclusion applies as a bar to coverage.
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October 14, 2026
AUSTIN, Texas — The Texas Department of Insurance (TDI) proposed amendments to the state’s administrative code that would clarify the prohibition against insurers declining to write or renew residential property insurance based on the age of the property or individual components, “including wiring, heating, air conditioning, plumbing, siding, and roofing.”
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October 09, 2026
SHERMAN, Texas — In a dispute over defense coverage for regulatory claims, an infectious disease lab testing company is appealing to the Fifth Circuit U.S. Court of Appeals a Texas federal judge’s order and judgment adopting a magistrate judge’s report and recommendation granting the lab’s insurer’s motion for judgment on the pleadings.
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October 08, 2026
HOUSTON — A Texas federal judge on Oct. 7 granted a homeowners insurer’s motion for partial summary judgment on an insured’s claim alleging violation of the Texas Insurance Code because the insured failed to show that the insurer conducted an unreasonable investigation or acted in bad faith in handling the claim for damages caused by Hurricane Beryl.
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October 06, 2026
FORT WORTH, Texas — The Texas Supreme Court agreed to review an appellate panel’s ruling that an insurer has a continued duty to defend its insured against underlying asbestos bodily injury lawsuits because the underlying allegations fall within the policies’ premises-operations coverage and the insurer failed to show that its policies have been exhausted.
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September 29, 2026
EL PASO, Texas — A commercial general liability insurer’s motion for summary judgment must be denied because the insurer failed to attach the correct insurance policy to its motion and because the insurer’s hostile fire exception to the pollution exclusion may operate to provide coverage for an underlying carbon monoxide poisoning suit filed against the insureds, the underlying plaintiff says in a Sept. 28 response to the insurer’s motion.
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September 28, 2026
DALLAS — A commercial building owner’s remaining breach of contract claims against three insurers and state insurance law claims against one of them over alleged nonpayment for wind and hail damage were dismissed with prejudice by a Texas federal judge after the parties filed a joint motion stating that the owner no longer wished to pursue the case.
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September 25, 2026
AUSTIN, Texas — Following a settlement between two insurers, a Texas federal judge dismissed without prejudice the general liability insurer’s suit seeking reimbursement from a second insurer for the settlement of an underlying chemical exposure bodily injury suit filed against an insured.
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September 24, 2026
HOUSTON — After being charged by the Fifth Circuit U.S. Court of Appeals “to ‘permit reasoned considerations’ to be expressed concerning” his earlier ruling granting summary judgment in favor of an insurer in a builder’s suit seeking indemnification for an arbitration award for damages caused by defects in a home the builder built, a federal judge in Texas provided further explanation as to why property damage alleged in the underlying arbitration was not caused by an “occurrence” under the policy and, therefore, why the insurer owed no duty to defend or indemnify the builder.
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September 21, 2026
AMARILLO, Texas — A Texas federal judge dismissed common-law and statutory bad faith, Texas Insurance Code and Texas Deceptive Trade Practices Act (DTPA) claims brought by a church against its insurer in a dispute over coverage for hailstorm damage, leaving only breach of contract and prompt payment claims pending against the insurer, while also excluding two of the church’s experts in an opinion and order addressing several motions filed by both parties.
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September 21, 2026
SHERMAN, Texas — A Texas federal judge dismissed Texas state law claims brought against insurers in an environmental contamination coverage dispute after determining that New York law applies under the policies’ choice-of-law provision.
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September 15, 2026
NEW ORLEANS — A majority of a Fifth Circuit U.S. Court of Appeals panel held Sept. 14 that a television production company insured forfeited its argument that an insurance policy’s “reality show” exclusion is ambiguous and, therefore, must be construed in its favor, affirming a lower federal court’s summary judgment ruling in favor of the insurer in a coverage dispute arising from underlying injury claims brought against the insured by participants of the reality television show “My 600-lb Life.”
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September 15, 2026
EL PASO, Texas — A commercial general liability insurer argues in a Sept. 14 motion for summary judgment filed in Texas federal court that it has no duty to defend its insured against an underlying suit stemming from carbon monoxide poisoning at an insured motel pursuant to a Fifth Circuit U.S. Court of Appeals ruling that held that a pollution exclusion applies to injuries caused by the release of carbon monoxide.
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September 14, 2026
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on Sept. 11 affirmed a lower federal court’s summary judgment ruling that insurers have no duty to defend against underlying lawsuits alleging the insureds violated the federal Anti-Terrorism Act, holding that the underlying actions assert that the insureds “intentionally made payments” to foreign terrorist organizations and, as a result, do not allege an occurrence under the policies.
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September 14, 2026
CORPUS CHRISTI, Texas — Adopting a magistrate judge’s memorandum and recommendation, a Texas federal judge denied remand of a man’s negligence and breach of contract suit against his insurer and the initially unidentified driver of the other vehicle in an accident that left him injured and struck two amended complaints in which he sought to name the alleged driver and vehicle owner and reduce his requested damages amount.
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September 11, 2026
HOUSTON — In response to a woman’s motion filed in a federal Texas court to alter or amend a judgment that dismissed breach of contract, bad faith, state insurance law and negligence claims against her insurer over freeze-related damage that reportedly led to mold buildup at her Houston home, the insurer argues that a binding appraisal award and payment resolved the dispute and that the homeowner improperly seeks to relitigate her claims.
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September 11, 2026
BURLINGTON, Vt. — A governmental risk management pool alleges in a complaint filed in Vermont federal court that for more than 15 years, a member-owned captive reinsurance company misused and misallocated tens of millions of dollars in capital contributions and premium payments by allegedly subsidizing other members’ losses and failing to properly credit the risk pool’s capital accounts, bringing claims for contractual, fiduciary and anticipatory breaches.
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September 11, 2026
HOUSTON — A Texas appeals panel affirmed a trial court’s take-nothing judgment against a man who sued his insurer for breach of contract, bad faith and deceptive business practices after he was denied coverage for a theft and loss claim arising from an alleged burglary, holding that legally sufficient evidence supported the finding that the property was not stolen and therefore not covered. The panel further declined to address the trial court’s findings that the insurer proved its affirmative defenses of fraud and reasonable basis.