If it walks like a duck, talks like a duck, it’s a duck. In a much-anticipated ruling, last Friday the Texas Supreme Court gave strength to the public adjusting statute and added value to a public adjusting license.  In Texas Department of Insurance et al. v. Stonewater Roofing, Ltd., Co., 2024 WL 2869414 (June 7, 2024), the Supreme Court held […]

    Public Adjusters as Expert Witnesses – Challenges to Use as Cost Experts

    Bad Facts Make Bad Law Recently, I Clint Brasher, was speaking at a legal conference for Colorado public adjusters and attorneys where I mentioned that public adjusters could be expert witnesses in damage cases. I stand by that statement. A lawyer, at the close of the meeting, disagreed with my assessment and sent me some court orders. I had reviewed […]

    Texas Supreme Court Hurts Policyholders (Again) 

    In a much-anticipated decision, the Texas Supreme Court declined to help policyholders who have covered claims. The decision, Safeco v. Rodriguez, was pretty straightforward – statutes in Texas allow for the recovery of attorney’s fees in policyholder disputes. This is a good rule because it incentivizes attorneys to work on these cases, even if the matter is small. It has […]

    Prompt Pay Act Applies to Duty to Defend Claims

    Historically, courts have applied different duties to insurers in the context of third-party claims versus first-party claims.  “First-party claims” are those where the policyholder is seeking to gain a financial benefit from the policy in question.  “Third-party claims” are those where a third party, someone not a party to the insurance contract, are seeking the benefits of the policy.  Typically, […]