The Supreme Court of Texas has recently answered the question of when, if ever, statutory penalties are available in contract actions for recovery of policy benefits. In USAA Texas Lloyds Co. v. Gail Menchaca, the Supreme Court determined that statutory recovery can be cumulative of contractual recovery in specific instances.
Challenging Damage Experts
In the past, challenging experts based on their lack of qualifications and under the 6 factors recognized in Robinson was the standard.i However, there is now a new method to challenging experts -the "gap analysis" introduced in Gammill.ii
