Posts Tagged ‘Bad Faith’

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.

Texas Bad Faith & Coverage Quarterly – Feb. 2011 Issue

Written by A&P News on March 15th, 2011. Posted in Publications

The February 2011 issue of Arnold & Placek’s quarterly publication, the Texas Bad Faith & Coverage Quarterly is in the mail to subscribers.  The Quarterly summarizes significant bad faith and coverage cases from Texas state and federal courts.  The publication is provided free of charge to insurance adjusters, in-house counsel, and other carrier employees handling all lines of insurance in Texas.  The February edition includes an analysis of the Supreme Court’s recent decision in Leordeanu v. American Protection Ins. Co.  This case clarified certain aspects of workers’ compensation coverage for employees injured during business-related travel.

If you are not currently receiving the Texas Bad Faith & Coverage Quarterly, you can register atwww.texasquarterly.com to be added to the subscriber list.

Texas Bad Faith & Coverage Quarterly Publishes First Issue

Written by A&P News on December 15th, 2010. Posted in Publications

Arnold & Placek, P.C. has published the first issue of the Texas Bad Faith & Coverage Quarterly.  This quarterly publication will summarize recent state and federal cases touching on bad faith and coverage decisions in Texas.  The case summaries are researched and written by Arnold & Placek attorneys.  The newsletter covers all property and casualty lines, as well as life insurance cases.  This publication is available free of charge to licensed adjusters, claims personnel and in house counsel for Texas insurance carriers.

To receive your subscription, send an e-mail to Brandon McKay: bmckay ‘at’ arnoldplacek.com

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.