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"The State of the Texas Concurrent Causation Doctrine" April 11, 2023 - 12:00 PM - 1:00 PM CDT.
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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.

Cancellations and Refunds: Refunds, less a $25 processing fee, will be given to registrants who cancel by 5:00 p.m. on the Friday preceding the webinar. No refunds will be granted thereafter. Course materials (if provided) and an access link to view the webinar recording will automatically be sent to prepaid registrants who were not able to attend.