Fifth Circuit holds that quoting policy language, without supporting factual allegations, does not trigger duty to defend *

USA - November 30 2012
In PPI Technology Services, L.P. v. Liberty Mutual Insurance Company, No. 12-40189, 2012 WL 5950943 (5th Cir. Nov. 29, 2012), the United States Court of Appeals for the Fifth Circuit, construing Texas law, affirmed a summary judgment ruling in favor of the insurer.

Co-authors: Ruth S. Kochenderfer.

Fifth Circuit clarifies limitation on policyholder’s right to independent counsel when insurer agrees to defend under reservation of rights *

USA - July 9 2012
In Downhole Navigator, LLC v. Nautilus Insurance Co., ___ F.3d ___, 2012 WL 2477846 (5th Cir. June 29, 2012), the Fifth Circuit Court of Appeals, applying Texas law, held that a recent Texas Supreme Court case, Unauthorized Practice Of Law Committee v. American Home Assurance Company, 261 W.W.3d 24, (Tex. 2008), did not change the applicable legal standard for determining when a conflict exists between the insurer and the insured that prevents the insurer from controlling the defense of a case and obligates the insurer to pay for independent counsel to represent the insured, affirming the decision by the District Court for the Southern District of Texas that a policyholder was not entitled to independent counsel when the insurance company agreed to defend under a reservation of rights because the facts to be litigated in the liability lawsuit were not the same facts upon which coverage depended.

Co-authors: Floyd P. Bienstock .