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. Secures Another Dismissal on Mandamus

Written by A&P News on November 12th, 2010. Posted in Appeals, Judicial Review

11th Court of Appeals, Eastland, Texas

In an opinion handed down earlier today, the Eastland Court of Appeals granted the Petition for Writ of Mandamus filed by Arnold & Placek on behalf of its client, Texas Mutual Insurance Company. The case, In re Texas Mutual Ins. Co., et al, arose out of a suit for judicial review in the 188th District Court for Howard County. The employer intervened into an existing judicial review suit, attempting to seek review of DWC determination of non-compensability for other employees in the same accident. After Judge Robert Moore denied Texas Mutual’s Plea to the Jurisdiction, mandamus proceedings were instituted. The 11th Court of Appeals held that an employer has no standing to challenge the denial of compensability by their carrier, or to appeal a determination of non-compensability at the DWC. As a result, the court dismissed the petition in intervention of Amerimex Drilling I, Ltd., and ordered the trial court to dismiss the intervention by December 1, 2010.

This case is significant because it is the first case to directly examine the full scope of an employer’s standing to contest DWC determinations. The Eastland court looked first and foremost to the plain language of the statute to determine that no general standing exists for employers. In its opinion, the Eastland court considered, and rejected, each of the major arguments typically asserted by employers who attempt to institute judicial reviews. They further distinguished the Tyler Asphalt case, that many employers improperly rely upon for the proposition that payment of workers’ compensation premium establishes general standing for the employer to litigate claims before the DWC and in district court. The full opinion is available here.

Arnold & Placek Releases Article for Texas Comp Adjusters

Written by A&P News on October 22nd, 2010. Posted in Publications

The October 2010 edition of Arnold & Placek, P.C.’s occasional publication Outside Counsel features a new article by Scott Placek aimed at Texas workers’ compensation adjusters.  Titled “Take the Target Off Your Back”, the article offers twelve specific tips for Texas claims handlers to consider in investigating and managing workers’ compensation claims.  The article draws on the extensive trial and appellate experience of Arnold & Placek, and reflects both the current state of the law and anticipated developments that carriers and adjusters should consider.

The Outside Counsel publication is available to carriers, TPAs and licensed adjusters without charge.  To obtain a copy of the article, please e-mail Brandon McKay at bmckay ‘at’ arnoldplacek.com

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.