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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. E2005-1549-COA-R3-CV
Regular Panel Decision
Apr 28, 2006

James Torrence v. The Higgins Family Limited Partnership

James Torrence and J.T. Lemons, lessees, sought to exercise a right of first refusal on a 370-acre tract of land after their lessor, The Higgins Family Limited Partnership, granted an option to Hunter Properties Inc. The trial court determined that the lessees properly exercised their right of first refusal and were entitled to purchase the entire property for $1,350,000. Hunter Properties appealed, contesting the validity and scope of the exercised right. The Court of Appeals affirmed the trial court's decision, concluding that the lessees' exercise of the right of first refusal was proper and extended to the entire 370-acre parcel, not just the original leased four acres.

Right of First RefusalLease AgreementOption to PurchaseReal Estate LawContract LawSummary JudgmentAppellate ProcedureProperty RightsBreach of ContractMirror Image Rule
References
10
Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. 07-15-00083-CV
Regular Panel Decision
Dec 29, 2014

Mark P. Hardwick, Individually and D/B/A Mark P. Hardwick Oil and Gas Properties and Mark P. Hardwick, LLC v. Smith Energy Company, on Its Own Behalf and on Behalf of Smith Energy Resource Oil, Ltd., a Texas Limited Partnership, and on Behalf of Smith Energy Partners I, Ltd., a Texas Limited Partnership

This is an appeal from a civil dispute over oil and gas projects in West Texas. The original lawsuit was filed by Smith Energy Company against landman Mark Hardwick and his LLC, alleging breach of contract, fraud, breach of fiduciary duties, and theft. The jury initially awarded Smith $104,000 in damages. However, the trial court significantly increased the recovery to over $5 million in forfeiture and $3.5 million in attorney's fees, in addition to ordering partial rescission of several contracts. Hardwick appeals, challenging the sufficiency of evidence for the various claims and the excessiveness of the remedies, arguing that the contracts explicitly disavowed fiduciary duties and that the forfeiture was a baseless land grab. The appellate brief details arguments for reversing the contract, theft, and tort theories, as well as the additional remedies imposed by the trial court.

Oil and Gas DisputeContract BreachFraud ClaimsFiduciary DutyStatutory TheftWorking InterestsOverriding Royalty InterestsLandman ServicesAttorney's Fees DisputeEquitable Remedies
References
83
Case No. 03-02-00439-CV
Regular Panel Decision
Feb 21, 2003

Texas Lottery Commission and Linda Cloud, Executive Director v. Scientific Games International, Inc. and Pollard Banknote Limited

The Texas Lottery Commission introduced a new policy in February 2002 to consider a vendor's anticipated economic impact on the state when awarding contracts over $100,000. Scientific Games International, Inc. and Pollard Banknote Limited, out-of-state companies manufacturing instant-ticket games, challenged this policy, arguing the Commission lacked the statutory authority to implement it. The trial court granted summary judgment in favor of SGI and Pollard. The appellate court affirmed the decision, holding that the Texas Lottery Commission is not authorized to consider a vendor's economic impact on the state in its procurement decisions, emphasizing that procurement should be based on quality and price to promote competition.

Procurement LawState ContractsEconomic Impact PolicyTexas Lottery CommissionGovernmental AuthorityStatutory InterpretationCompetitive BiddingSummary JudgmentStanding DoctrineAppellate Review
References
15
Case No. MISSING
Regular Panel Decision

Mele v. General Accident Insurance

This appeal concerns an arbitration award where the arbitrators granted the petitioner an amount exceeding the underinsurance coverage limits of an automobile policy issued by the respondent. The petitioner had settled with a tortfeasor for $50,000 and sought additional recovery under a policy with $10,000 per person underinsurance coverage. Despite the policy's stated limit, arbitrators awarded $45,000. The Supreme Court confirmed this award, but the appellate court reversed, holding that arbitrators cannot exceed contractual policy limits. Citing Insurance Law § 3420 (f) (2), the court affirmed that optional supplementary coverage can be contractually limited, thereby reducing the award to the $10,000 policy limit.

Underinsurance CoverageArbitration Award ConfirmationInsurance Policy LimitsJudicial Review of ArbitrationAutomobile Liability PolicySupplementary Uninsured Motorist CoverageStatutory InterpretationContractual LimitationsDamages in ArbitrationAppellate Reversal
References
7
Case No. MISSING
Regular Panel Decision

American International Speciality Lines Insurance v. National Ass'n of Business Owners & Professionals

This case involves interpleader actions brought by American International Specialty Lines Insurance Company (AISLIC) and National Union Fire Insurance Company of Pittsburgh, PA., to resolve multiple claims against insurance policies issued to the National Association of Business Owners & Professionals (NABOP). The core dispute centered on the interpretation of Endorsement #4 of the AISLIC policy, specifically determining whether a $1,000,000 or $3,000,000 aggregate limit of liability applied to claims based on the date of the "Wrongful Act." The court found Endorsement #4 to be unambiguous, clarifying that a $1,000,000 limit applied to wrongful acts occurring before July 10, 1998, while a $3,000,000 limit applied to those occurring on or after that date. Based on this interpretation and an evaluation of the asserted claims, the court approved a combined settlement of $1,000,000 as fair, adequate, and reasonable.

insurance policyclaims-made policyhybrid claims-made policyoccurrence policyendorsement interpretationlimits of liabilityaggregate limitwrongful actssettlement approvalinterpleader action
References
17
Case No. MISSING
Regular Panel Decision

Oneida Ltd. v. Utica Mutual Insurance

Oneida Ltd., a self-insured employer, initiated a declaratory judgment action against its insurers, Utica Mutual and Republic Western, to determine liability for a substantial claim arising from a workplace accident involving the Ketchum brothers. The core dispute centered on whether Republic Western's excess workers' compensation policy, designed for self-insureds, was legally mandated to provide unlimited employer's liability coverage, or if its stated $1,000,000 limit was valid. Oneida Ltd. argued for the validity of the limit, which would then obligate Utica Mutual's $10,000,000 umbrella policy for the excess. Utica Mutual contended that employer's liability coverage must be unlimited in New York and that its policy disclaimed such coverage. The court ultimately sided with Oneida Ltd. and Republic Western, ruling that excess reinsurance policies for self-insured employers are not required to provide unlimited employer's liability coverage, thus upholding Republic Western's $1,000,000 limit. The court also found that Utica Mutual's policy did not effectively disclaim coverage, making it liable for amounts exceeding Republic Western's limit.

Insurance Policy DisputeDeclaratory ReliefEmployer Liability InsuranceExcess CoverageUmbrella LiabilitySelf-Insurance RegulationsInsurance Contract InterpretationThird-Party IndemnificationRegulatory Agency InterpretationSummary Judgment Motion
References
12
Case No. MISSING
Regular Panel Decision

Weiss v. Tri-State Consumer Insurance

This case involves an appeal concerning the amount of supplementary uninsured/underinsured motorist (SUM) coverage available under an insurance policy issued by Tri-State Consumer Insurance Company. The plaintiffs, daughters and administrators of the estates of Rifka and Anton Goldenberg who died in a car accident, sought $400,000 in SUM coverage. Tri-State contended the coverage was limited to $145,000, arguing that payments from the tortfeasor's insurer ($100,000) and a Dram Shop recovery ($255,000) reduced the $500,000 policy limit. The Supreme Court initially granted the plaintiffs' motion for $400,000 in coverage and denied Tri-State's cross-motion. However, the appellate court reversed this decision, ruling that the Dram Shop recovery, as damages from sources other than motor vehicle liability insurance, correctly reduced the SUM endorsement, thus limiting the available coverage to $145,000.

Supplementary Uninsured/Underinsured MotoristSUM CoverageInsurance Policy InterpretationDram Shop ActWrongful DeathSummary JudgmentAppellate ReviewInsurance LawContract LawAutomobile Insurance
References
8
Case No. MISSING
Regular Panel Decision
Dec 15, 1993

Nationwide Mutual Insurance v. Stokes

Mary Stokes was injured in a car accident caused by Russell Caldwell and Steven Schwartz. She settled with their insurer, Aetna Insurance Company, for the policy limit of $10,000. Stokes then sought underinsured motorist benefits from her own insurer, Nationwide Mutual Insurance Company, which provided $50,000 in coverage. Nationwide argued it was entitled to offset the $10,000 settlement and $2,100 in Workers’ Compensation benefits from Stokes's coverage. The Supreme Court initially allowed both offsets, limiting Stokes's recovery to $37,900. On appeal, the court ruled that the $10,000 tortfeasor settlement could not be offset against the underinsurance limits, but the Workers’ Compensation benefits could. Therefore, the order was modified to remove the $10,000 offset but affirmed regarding the Workers’ Compensation offset.

Underinsured motoristInsurance benefitsOffsetWorkers' Compensation benefitsAutomobile accidentArbitrationAppellate procedureStatutory interpretationInsurance LawCPLR
References
5
Case No. MISSING
Regular Panel Decision

Soren Ex Rel. Soren v. Ezelle

Crum and Forster, the uninsured/underinsured motorist carrier for the deceased Larry S. Soren, filed a motion for partial summary judgment seeking to limit its liability to $13,000. The insurance policy had a $100,000 limit but included a provision allowing for a reduction by workers' compensation benefits. Mr. Soren's wife was receiving $87,000 in workers' compensation benefits due to his death. The plaintiff argued for a present-day value computation of these benefits for the setoff, but cited no legal authority. The Court found no statutory or case law precedent for such a calculation and concluded that applying it would lead to an impermissible duplication of benefits. Consequently, the Court granted Crum and Forster's motion, allowing the full $87,000 setoff and limiting its liability to $13,000.

Uninsured MotoristUnderinsured MotoristWorkers' Compensation OffsetPolicy LimitsPartial Summary JudgmentTennessee LawInsurance CoverageBenefit DuplicationPresent Value CalculationLiability Limitation
References
4
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