Arnold & Placek Obtains Complete Dismissal of Plaintiff’s Statutory and Common-Law Bad Faith Claims

Written by A&P News on July 2nd, 2012. Posted in Bad Faith

98th District Court, Travis County

Arnold & Placek, P.C. today prevailed on special exceptions which resulted in the Court striking all of Plaintiff’s claims against Texas Mutual. The Plaintiff, James Jones, filed claims including breach of the duty of good faith and fair dealing, violations of the insurance code, violations of the Texas Deceptive Trade Practices Act and intentional infliction of emotional distress. Mr. Jones’ claims stemmed from a dispute Texas Mutual filed at the Division of Workers’ Compensation regarding whether the Plaintiff’s compensable injury extended to one of his shoulders. Even though Mr. Jones did not seek treatment for his shoulder for many months after the accident, he claimed that Texas Mutual’s administrative dispute delayed him from seeking treatment when he was ready to finally have surgery performed on it.

On special exceptions, Arnold & Placek successfully argued to the Court that all of Mr. Jones’ statutory and common law bad faith claims were precluded, as a matter of law, under the Texas Supreme Court’s recent decision on rehearing in Ruttiger v. Texas Mutual Insurance Company, which was issued only ten days prior to the hearing. The Court agreed, striking all of Mr. Jones’ bad faith claims, and also finding that his allegations of delays in claims handling were insufficient to support his intentional infliction of emotional distress claim. As a result, all of Mr. Jones’ claims against Texas Mutual were struck. Texas Mutual was represented by Scott Placek and Kyle Jones of Arnold & Placek. Kyle Jones argued and obtained the ruling on special exceptions for Texas Mutual.

Arnold & Placek, P.C. Obtains Dismissal of Bad Faith Claim on Mandamus Petition

Written by A&P News on July 26th, 2010. Posted in Appeals, Bad Faith

14th Court of Appeals, Houston, Texas

Arnold & Placek, P.C. today successfully obtained the full dismissal of all bad faith claims asserted against Texas Mutual Insurance Company by Adrian Harding. Mr. Harding suffered an on the job injury. After a brief dispute of his extent of injury, Harding sued Texas Mutual for delay of his surgery – despite the fact that he had never requested surgery while his dispute was pending.

After the trial court denied Texas Mutual’s Plea to the Jurisdiction, Arnold & Placek filed a petition for writ of mandamus arguing that the Brazoria County District Court had abused its discretion in denying the plea. After hearing oral argument, the 14th Court of Appeals agreed, and in a thorough and well reasoned opinion, explained that a worker cannot avoid seeking their DWC remedies during a pending dispute, and later claim the dispute caused them damages. Adrian Harding was represented in the trial court by Michael Doyle and Patrick Dennis with the firm of Doyle, Raizner LLP. Scott Placek represented Texas Mutual and argued the case before the 14th Court of Appeals.

Arnold & Placek, P.C. Obtains Summary Judgment on Bad Faith Claim

Written by A&P News on July 23rd, 2010. Posted in Bad Faith, Trial

67th District Court for Tarrant County, Texas

Arnold & Placek, P.C. obtained a summary judgment on behalf of the Travelers Group in a workers’ compensation bad faith claim, establishing, as a matter of law that there was no bad faith on the part of Travelers.  Thomas Sauvlet sued Travelers in Tarrant County, Texas contending that their dispute of his unwitnessed bathroom slip and fall accident was a breach of the duty of good faith.  Through carefully tailored discovery, Arnold & Placek was able to establish that, as a matter of law, a reasonable basis existed to dispute the claim.  Judge Don Cosby granted Travelers summary judgment after Arnold & Placek had previously obtained the dismissal of an identical suit Sauvlet had filed in Dallas County.  Kyle Jones represented the Travelers Group.