Showing 3 posts from August 2017.

Houston Flooding Relief Assistance and Other Useful Info

After one of the worst natural disasters to ever hit the United States, it is time to recover and rebuild.  Below are several helpful maps of flooding areas and shelters, and processes for filing an insurance claim or FEMA assistance. Read More ›

Texas Supreme Court Analysis of USAA v. Menchaca

Background

USAA Texas Lloyds Co. v. Menchaca, No. 14-0721, on petition for review from the Court of Appeals for the Thirteenth District of Texas, was argued on October 11, 2016 and decided on April 7, 2017.[1]

After Hurricane Ike struck in September 2008, Gail Menchaca contacted her homeowner’s insurance company, USAA Texas Lloyds (“USAA”), to report damage to her home.  Upon investigation, USAA’s adjuster found only minimal damage.  USAA determined its policy covered some of the damage, but declined to pay Menchaca any benefits because the total estimated repair costs did not exceed the policy’s deductible. About five months later, at Menchaca’s request, USAA sent another adjuster to re-inspect the property.  This adjuster confirmed the first adjuster’s findings, and USAA again refused to pay any policy benefits. Read More ›

The Decline of Res Ipsa Loquitur Actions in Texas

Introduction

The doctrine of res ipsa loquitur is derived from the Latin phrase “the thing speaks for itself.”  Res ipsa loquitur is a mechanism by which a plaintiff can establish a defendant's negligence, absent sufficient evidence to prove such negligence.[1] However, recent decisions indicate Texas courts are placing a heavier burden on plaintiffs attempting to prove negligence through res ipsa loquitur. Consequently, Texas courts are hesitant to infer a defendant's negligence merely on a plaintiff's assertion of res ipsa loquitur. Read More ›

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