California Insurance Regulator Calls for 60-day Insurance Premium Grace Period Due to COVID-19 Outbreak
Oakland, CA – Citing widespread interruptions and loss of income for many California consumers and business caused by the COVID-19 outbreak, California Insurance Commissioner Ricardo Lara has issued a Notice requesting that all insurers doing business in California grant policyholders a “grace period”… Read more.
Texas COVID-19 Insurance Update: Certain Deadlines Extended
Houston, TX – On March 20, Governor Abbott suspended certain claim-handling deadlines under the Texas Insurance Code. Yesterday, the Commissioner of Insurance determined that the COVID-19 pandemic is a disaster under Texas Insurance Code Section 542.059(b). The Commissioner’s Bulletin can be found… Read more.
The Impossibility Doctrine in Texas & COVID-19
Houston, TX – Regardless of whether a contract contains a force majeure provision, a party’s non-performance may still be excused by the common law doctrine of impossibility.
1. The impossibility doctrine in Texas.
The impossibility defense is an excuse to performance that Texas courts will refer to as impossibility of performance, commercial… Read more.
Legal Update: States Restrict Telemarketing in Wake of COVID-19 Pandemic
Houston, TX – New York’s emergency COVID-19 declaration triggered a recently enacted New York law prohibiting unsolicited telemarketing calls during an emergency. See N.Y. Gen. Bus. Law §§ 399-pp(7)(f), 399-z(5-a) (2019). Louisiana’s emergency order triggered a similar ban. See La. Stat. Ann. § 844.31 (2018). Critically, any calls in those jurisdictions must be placed with the recipient’s express consent. Unlike the Telephone Consumer Protection Act, the New York and Louisiana bans apply to all landline and cell phone numbers, telephone numbers not on a Do-Not-Call list, and… Read more.
Force Majeure Provisions in Texas: A Creature of Contract
Houston, – TX The threat of COVID-19 has quickly changed—and in some cases halted—America’s day-to-day routines. Businesses and consumers wonder how the economic slowdown may impact their obligation to continue making payments or perform on the contracts they already entered. Two common avenues allow a party to avoid its contractual obligations. The article covers the first: force majeure provisions… Read more.
COVID-19, Economic Turmoil, and Financial Services Litigation
Houston, TX – At the nadir of the Great Recession, a small group of attorneys dedicated to the principle of client-first service decided to leave the relative comforts of Big Law and present our clients with a simple proposition: we would provide the same high-quality representation and financial service industry expertise but without the Big Law overhead. Thanks to the trust ensured to us by our loyal clients over the last decade, we have been able to deliver exceptional results both for our clients and the financial services industry at large. While our depth (now over 50 attorneys)… Read more.
Many California Courts Reducing Operations in Response to COVID-19 Spread
Oakland, CA – On March 12, 2020, Governor Gavin Newsom issued an Executive Order in further response to the spread of the Novel Coronavirus 2019 (COVID-2019). Among other things, this Order mandates compliance with state and local public health officials to control the spread of COVID-19. As local health officials work to contain the spreading virus, California courts have adapted their judicial procedures to accommodate active cases and ensure public safety… Read more.
Business Interruption Insurance in the COVID-19 Era: Specific Policy Language Will Matter
Oakland, CA – In our continuing examination of legal issues surrounding COVID-19, we offer this analysis of business interruption insurance, which will undoubtedly be at the forefront of COVID-19-related litigation. Businesses are reviewing their insurance contracts for coverage to limit their financial exposure to the impacts of COVID-19. While policyholders may have several coverages triggered by COVID-19-related losses, the scope of coverage will depend on each insurance contract’s specific terms and conditions… Read more.
Texas Supreme Court Issues Emergency Order Regarding COVID-19, Potentially Extending All Applicable Statutes of Limitation:
On Friday, March 13, 2020, the Texas Supreme Court issued its “First Emergency Order Regarding the COVID-19 State of Disaster.” (Misc. Docket Nos. 20-9042 & 20-007. The Order can be accessed here: https://www.txcourts.gov/media/1446056/209042.pdf). The Order gives Texas courts the authority to modify or suspend “any and all deadlines and procedures” for a period ending no later than 30 days after the Governor’s disaster order is lifted—even “without a participant’s consent”—in order to “avoid risk to court staff, parties, attorneys, jurors, and the public.” It also grants… Read more.