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Month: December 2017

Texas Supreme Court Weekly Update December 08, 2017

This week, the Supreme Court of Texas did not issue any opinions but did issue five grants for oral argument. Significantly, with one of these grants the Court will address whether Section 18.001 affidavits can be executed by subrogation agents. Specifically, Debra C. Gunn M.D. v. Andre McCoy, is a medical malpractice case out of Houston’s 14th Court of Appeals.…

Do Insurance Policies Cover Gross Negligence?

The simple answer is "maybe." To determine whether a particular insurance policy covers exemplary damages for gross negligence, the Texas Supreme Court has adopted a two-step process encompassing (1) the plain language of the policy and (2) public policy concerns. In...