Importance of Chapter 58 in the Aftermath of Hurricane Harvey

Importance of Chapter 58 in the Aftermath of Hurricane Harvey

In the devastating aftermath of Hurricane Harvey, many families have to rebuild or repair the damage to their homes. Consumers and general contractors should be aware of the laws that are set out to protect consumers amidst their recovery. While rebuilding or repairing this damage is an arduous process, the Texas Legislature has created standards…

Understanding H.B. 1774—New Requirements for Lawsuits against Insurance Companies

Understanding H.B. 1774—New Requirements for Lawsuits against Insurance Companies

House Bill 1774 (“H.B. 1774”)—passed this year by the 85th Texas Legislature—went into effect on September 1, 2017. Consumers and insurance companies should be aware that this new law only changes the rules surrounding a lawsuit against an insurance company; it does not affect the claims process for consumers filing an insurance claim in the…

Liability under Negligent Misrepresentation

Liability under Negligent Misrepresentation

Negligent misrepresentation is an interesting cause of action that allows third parties to sue professionals outside privity of contract. Privity of contract exists between the actual parties to a transaction. While the law requires that parties have privity of contract for liability to be possible under claims like breach of contract, contractual privity is not…

Defenses to the “As Is” Clause under a Real Estate Contract

Defenses to the “As Is” Clause under a Real Estate Contract

While we all hope that in the process of buying or selling a home no problems arise, issues may often come up subsequent to a sale. It is important for the seller to understand the liability he or she faces, and the same time, it is important for the buyer to be aware of how…

Insurance Law Note: Should an ERISA Plan Document and SPD be combined?

Insurance Law Note: Should an ERISA Plan Document and SPD be combined?

In the world of health insurance regulation, there is a wide array of document requirements and mandated disclosures. Among these requirements is a written instrument governing the operation of an ERISA plan (known as the “Plan Document”) as well as a Summary Plan Description (“SPD”) summarizing what the ERISA plan entails. The Plan Document and…

Insurance Law Note: Navigating the Required Notices for Group Health Plans

DW Law Insurance Law Documents

Health Insurance compliance for Employers is highly-regulated. Group Health Plans are not only required to comply with the Employee Retirement Income Security Act (“ERISA”), but must also comply with regulations set by the Department of Labor (“DOL”) and numerous other laws that impact an employee’s health benefits. These laws set out standards under which group…