Texas Update! rarely strays across state lines for a story, but this one we could not resist because it involves a fellow journalist.  Los Angeles Mayor Antonio Villraigosa has admitted to having an extra-marital affair with Telemundo television reporter Mirthala Salinas.  Yikes, you talk about an embedded reporter!

 

 

TEXAS APPELLATE COURT HOLDS DENIAL OF COVERAGE WAIVES RIGHT TO APPRAISAL:  The Amarillo Court of Appeals held on July 9, 2007, that a homeowners insurance company that denied coverage waived its contractual right of appraisal.  The policyholder made a claim for hail damage and sought an appraisal, but the carrier declined and denied the claim on the ground that the damage occurred before its policy took effect.  After the owner sued, the carrier objected to discovery and sought to enforce the policy’s appraisal term.  The trial court held that the carrier waived its right to appraisal.  The court of appeals agreed and denied the carrier’s petition for writ of mandamus.  In re Acadia Insurance Company (Tex. App. –Amarillo 2007).

 

Tx/Up! Memory Tip:  Appraise, and then deny.  Don’t deny, then appraise.  

 

 

Texas Update! highly recommends you pay your exorcist in a timely manner.  We didn’t and got repossessed. 

 

 

PRODUCTS LIABILITY UPDATE:  In a case closely watched by the industry, Chamberlain♦McHaney scored a significant jury trial victory  for the manufacturer of a vent fan motor whose product was alleged to have caused a fire that seriously damaged a restaurant and bar in Austin.  The plaintiff alleged $1.4 million in damages and claimed the fan motor contained a defectively designed and manufactured thermal cutoff which allow the motor to reached extreme temperatures thereby igniting the fire.  On behalf of the manufacturer, we blamed the fire on Mrs. O’Leary’s milk cow and that lantern she kicked over.  (just kiddin’ about that part).  After a week long trial in federal court that included the testimony of eight experts from around the country, the jury rejected all theories alleged by the plaintiff and held for the defendant.  David Chamberlain and Cathy Kyle represented the defendant motor manufacturer.

 

 

PREMISES LIABILITY UPDATE:  Chamberlain♦McHaney also recently obtained a summary judgment and eventually the ultimate dismissal of a suit brought by the parents of two boys against an apartment complex in the Dallas area.  The parents sought several hundred thousand dollars in damages, alleging that the boys were sexually assaulted on the premises by a former tenant.  The parents argued that apartment management had been grossly negligent in failing to take measures to prevent the former tenant from entering the premises after his lease had expired.  The trial court granted our motion for partial summary judgment on the parents’ individual claims, and the boys claims were also dismissed shortly thereafter.  The predator is currently serving a 50 year prison sentence.  David Chamberlain and Ranelle Meroney handled the defense of the apartment complex at the request of St Paul Travelers Insurance Company.

 

 

We will cover these and other important cases at our full day, fully accredited, 12th Annual ULTIMATE CLAIMS HANDLING SEMINAR on October 5, 2007 at CityPlace Conference Center in Dallas,  Texas.  Mark your calendar now!  Registration forms will be available in August.