“5 Texas Insurance Battlegrounds In 2017”
Courts in the Lone Star State have a busy year ahead, with the Texas Supreme Court set to weigh the scope of its landmark ruling that an insured’s damages must result from a fully adversarial trial and a federal appellate court preparing to grapple with issues relating to policy exhaustion and the proper trigger of coverage.
“The Hamel case really comes down to, essentially, how much of a deal you can cut before trial and still have it be fully adversarial,” said Dallas-based Thompson & Knight LLP associate John Atkins. “The Supreme Court has the chance to test what it means for a trial to be fully adversarial under Gandy. There has been ambiguity on that issue for some time.”