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The State of Texas Concurrent Causation Doctrine - 4/11/23 Insurance Law Webinar

sku Product SKU:  2023_TX Concurrent Causation Doctrine_Live

April 11, 2023 · 12:00 PM - 1:00 PM CDT

Earn 1.0 hour MCLE credit!

Download the printed flyer and registration form.

About the Webinar:

Last year two different panels of the 5th Circuit certified questions concerning the Texas Concurrent Causation doctrine, which requires policyholders to prove how much damage is attributed to a covered cause when both a covered and uncovered cause combine to cause property damage. Both times the Texas Supreme Court agreed to answer certified questions designed to clarify when and how the doctrine applies. Both times the parties settled prior to any ruling.

Policyholders relish the opportunity to whittle away at a common law rule that they suggest makes Texas as the lone holdout and contrary to a statute. In fact, in his amicus brief, Brendan McBride told the Supreme Court that the answers turned on "the mystery of a missing statute." In doing so, the amicus brief urged the Court to overrule prior precedent and cease placing the burden of proof on policyholders.

It is unclear whether the Supreme Court is inclined to continue, clarify or overturn the concurrent causation doctrine. The 5th Circuit definitely has questions, particularly in cases where the insurer asserts that preexisting damage requires the insured to attribute damage to a covered loss or risk losing all coverage. As the 5th Circuit noted in Frymire and repeated in Overstreet, "an ugly roof can function until it is hit by a hailstorm. Would the hail damage that rendered it nonfunctional be covered in full?"

Since the Supreme Court never answered the question, we decided to get Brendan McBride, author of the amicus brief in Overstreet and Bruce Wilkin, an accomplished coverage attorney with experience representing insurers, to discuss the current state of the doctrine. Join us for what should be an enlightening discussion.

Featured Presenters:

Brendan K. McBride | Gravely PC | San Antonio

Bruce R. Wilkin | Shakelford, Bowen, McKinley & Norton, LLP | Houston

Moderator: Steven Schulwolf | Schulwolf Mediation, PLLC | Austin

The Insurance Law Section of the State Bar of Texas thanks its Platinum Sponsors for their support:
Gravely PC, Thompson Coe Cousins & Irons LLP and Gray Reed

Sponsored by The Insurance Law Section of the State Bar of Texas
in cooperation with The Texas Institute of Continuing Legal Education

How the Webinar Works – Zoom uses your computer and internet to receive the seminar live in your office, home or any other location you choose. Registrants will receive an email in the days prior to the webinar providing instructions for accessing the event, including the special access link and passcode. To login, follow the direct link or enter the meeting ID and passcode credentials to be connected to the webinar. Access details are personalized for each attendee and may not be shared.

Q&A - During the program, the audio and video will be streaming on your computer in "view/listen only" mode and you will be able to view the speaker's slides (if applicable). You will be given the opportunity to ask questions live using the Q&A or chat functions to be addressed by the presenter(s) either during or at the conclusion of the seminar.

Course Materials - A PDF or link to the course materials will be sent to registrants via email after the seminar if additional written materials are provided. Presentation slide copies may also be provided after the webinar when permitted.

Registration Fees - The registration fee is $65 per site connection. (Current members of the Insurance Law Section receive a $20 discount!) A site connection allows one person to log-in to the program and claim CLE credit. Additional participants from the same firm/company are $35 for each additional participant/connection and will receive their own individual webinar access. Only registered participants may claim CLE credit.

USD 65.0000

The State of Texas Concurrent Causation Doctrine - 4/11/23 Insurance Law Webinar Recording

sku Product SKU:  2023_TX Concurrent Causation Doctrine_Recording

This purchase does NOT include participation in the live event. You are purchasing access to a recording of the webinar: "The State of the Texas Concurrent Causation Doctrine"

As recorded Tuesday, April 11, 2023 @ 12:00 - 1:00pm Central

Earn up to 1.0 hour MCLE credit if filed by March 31, 2024!

About the Webinar:

Last year two different panels of the 5th Circuit certified questions concerning the Texas Concurrent Causation doctrine, which requires policyholders to prove how much damage is attributed to a covered cause when both a covered and uncovered cause combine to cause property damage. Both times the Texas Supreme Court agreed to answer certified questions designed to clarify when and how the doctrine applies. Both times the parties settled prior to any ruling.

Policyholders relish the opportunity to whittle away at a common law rule that they suggest makes Texas as the lone holdout and contrary to a statute. In fact, in his amicus brief, Brendan McBride told the Supreme Court that the answers turned on "the mystery of a missing statute." In doing so, the amicus brief urged the Court to overrule prior precedent and cease placing the burden of proof on policyholders.

It is unclear whether the Supreme Court is inclined to continue, clarify or overturn the concurrent causation doctrine. The 5th Circuit definitely has questions, particularly in cases where the insurer asserts that preexisting damage requires the insured to attribute damage to a covered loss or risk losing all coverage. As the 5th Circuit noted in Frymire and repeated in Overstreet, "an ugly roof can function until it is hit by a hailstorm. Would the hail damage that rendered it nonfunctional be covered in full?"

Since the Supreme Court never answered the question, we decided to get Brendan McBride, author of the amicus brief in Overstreet and Bruce Wilkin, an accomplished coverage attorney with experience representing insurers, to discuss the current state of the doctrine in this enlightening discussion.

Featured Presenters:

Brendan K. McBride | Gravely PC | San Antonio

Bruce R. Wilkin | Shakelford, Bowen, McKinley & Norton, LLP | Houston

Moderator: Steven Schulwolf | Schulwolf Mediation, PLLC | Austin

The Insurance Law Section of the State Bar of Texas thanks its Platinum Sponsors for their support:
Gravely PC, Thompson Coe Cousins & Irons LLP and Gray Reed

Sponsored by The Insurance Law Section of the State Bar of Texas
in cooperation with The Texas Institute of Continuing Legal Education

*You will be receiving an email with a link to access the webinar recording along with a PDF copy of any slides or written materials used during the webinar if permitted. (NOTE: The access link may not be shared. Only registered attendees/viewers are eligible to receive MCLE credit.)

USD 70.3600

Landmark COVID Business Interruption Cases - 12/14/22 Insurance Law Webinar Recording

sku Product SKU:  2022_Landmark COVID Cases_Recording

This purchase does NOT include participation in the live event. You are purchasing access to a recording of the webinar: "Landmark COVID Business Interruption Cases"

Recorded Wednesday, December 14, 2022 @ 12:00 - 1:00pm Central

Earn up to 1.0 hour MCLE credit if filed by November 30, 2023!

About the Webinar:

Over 20,000 policyholders filed suits against their insurers for denial of business interruption coverage costs they associated with the pandemic. Over 90% of federal courts have agreed with the insurers. Policyholders have fared a little better in state court although only a handful of State Supreme Courts have ruled on the issue. Until that happens we continue to look for trends. Recently a Texas jury awarded the Baylor College of Medicine $48.5 million. Is this a game changer? Who better to discuss these issues than the attorneys that have successfully argued these cases?

Join us for a star-studded Webinar featuring Robin O’Neil, Fogler, Brar, O'Neil & Gray: Robin, along with her partner, Murray Fogler, served as lead trial attorneys for Baylor College of Medicine, the first policyholder to be awarded damages during the pandemic for COVID-related losses.

Joining Robin is Chris Martin, Martin, Disiere, Jefferson & Wisdom. Chris represented an insurer that successfully convinced the 5th Circuit earlier this year to toss a COVID business interruption case filed by Terry Black’s BBQ.

Robin and Chris will discuss their respective victories, whether COVID cases should survive early motions to dismiss and issues related to how these cases are tried. Steve Schulwolf, Schulwolf Mediation will moderate the discussions.

Featured Presenters:

Robin O’Neil | Fogler, Brar, O’Neil & Gray LLP| Houston

Christopher W. Martin | Martin, Disiere, Jefferson & Wisdom, L.L.P. | Houston

Moderator: Steven Schulwolf | Schulwolf Mediation, PLLC | Austin

Sponsored by The Insurance Law Section of the State Bar of Texas
in cooperation with The Texas Institute of Continuing Legal Education

*You will be receiving an email with a link to access the webinar recording along with a PDF copy of any slides or written materials used during the webinar if permitted. (NOTE: The access link may not be shared. Only registered attendees/viewers are eligible to receive MCLE credit.)

USD 70.3600

Turning Eight Corners into a New Era - 4/27/22 Insurance Law Webinar Recording

sku Product SKU:  2022_Eight Corners New Era_Recording

This purchase does NOT include participation in the live event. You are purchasing access to a recording of the webinar: "Turning Eight Corners into a New Era: The Duty to Defend after Monroe Guaranty Ins. Co. v. Bitco General Ins. Corp."

Recorded Wednesday, April 27, 2022 @ 1:00 - 2:00pm Central

Earn up to 1.0 hour MCLE credit if filed by March 31, 2023!

About the Webinar: The much-anticipated Texas Supreme Court decision in Monroe Guaranty Ins. Co. v. Bitco General Ins. Corp. officially created an exception to the Eight Corners Rule. And while the Supreme Court answered some questions, there likely will be ongoing disputes concerning when extrinsic evidence is admissible to determine the duty to defend. Join us to hear the insights of Jody Stasney, Thompson Coe, who represented Monroe and David Farmer, Farmer, House, Osuna, Jackson & Olvera, P.C., who represented Bitco. Steve Schulwolf will moderate what is sure to be an interesting discussion of this important case and its likely impact.

Featured Presenters:

Jo Allison (Jody) Stasney | Thompson, Coe, Cousins & Irons, L.L.P. | Dallas
Wm. David Farmer | Farmer, House, Osuna, Jackson & Olvera, P.C. | San Antonio
Moderator: Steven Schulwolf | Schulwolf Mediation, PLLC | Austin

Sponsored by The Insurance Law Section of the State Bar of Texas
in cooperation with The Texas Institute of Continuing Legal Education

*You will be receiving an email with a link to access the webinar recording along with a PDF copy of any slides or written materials used during the webinar if permitted. (NOTE: The access link may not be shared. Only registered attendees/viewers are eligible to receive MCLE credit.)

USD 70.3600