During this Survey period, the Texas Supreme Court issued a significant opinion addressing key concepts of insurance law, including application of the “voluntary payments” condition and allocation among insurers in continuing loss situations. Additionally, one Texas appellate court discussed the rights of a loss payee under a commercial property policy. Lastly, the Fifth Circuit demonstrated application of the “eight-corners” rule in the context of “additional insured” determinations along with vague pleadings and elaborated on the parameters of the Stowers doctrine.
J. Price Collins, et al., Insurance Law, 1 SMU Ann. Tex. Surv. (2014)