Texas Indemnity Law

Patrick McDaniel v. The State of Texas

<center><h2> San Antonio, Texas â€“ Commercial, Oil & Gas lawyer represented Appellees/Cross-Appellant with a oil & gas lease case. </center></h2></center> The parties1 entered into three identical oil and gas leases containing an MFN clause in 2009. 2 These leases are known as the "A leases.â€ Article II of the A leases required EP Energy to p... More...

$0 (09-27-2022 - TX)

Patrick McDaniel v. The State of Texas

<center><h2> San Antonio, Texas â€“ Commercial, Oil & Gas lawyer represented Appellees/Cross-Appellant with a oil & gas lease case. </center></h2></center> The parties1 entered into three identical oil and gas leases containing an MFN clause in 2009. 2 These leases are known as the "A leases.â€ Article II of the A leases required EP Ener... More...

$0 (09-27-2022 - TX)

United States of America v. Robert Lance Kuperman

Beaumont, TX: Criminal defense lawyer represented defendant charged with interstate transportation of money by fraud. Robert Lance Kuperman, 74, was charged with interstate transportation of money by fraud. "Fraud victimizes not only the insurance companies, but costs Americans billions of dollars every year in increased premiums,â€ said Acting U.S. Attorney Nicholas Ganjei... More...

$0 (10-05-2021 - TX)

Terry Lynn Johnson v. Steven James Johnson

<center><h2> Beaumont, Texas - Personal Injury attorney represented Terry Lynn Johnson with appealing from the trial court's judgment in favor of appellee Steven James Johnson.</h2></center> Terry filed a petition for divorce from Steven on October 4, 2012, and Steven answered and then filed a counter-petition for divorce. In his counter-petition, ERS... More...

$0 (04-21-2021 - TX)

BERNARD COURT, LLC V. WALMART, INC

<center><h2>Little Rock, AR - Civil atty represented Bernard Court, LLC with appealing from an order of the Benton County Circuit Court denying its motion for summary judgment against appellee Walmart, Inc. (“Walmart”), and dismissing its complaint for declaratory judgment with prejudice.</h2></center> This case began when Bernard sought a declarato... More...

$0 (12-15-2020 - TX)

Ali Ekhlassi v. National Lloyds Insurance Company

<center> <img width="300" src="http://www.txs.uscourts.gov/sites/txs/files/styles/gallery_slider_full/public/b3_0.jpg?itok=AvQeZnC8"> </center> Ali Ekhlassi challenges the summary judgment awarded National Lloyds Insurance Company pursuant to the National Flood Insurance Act (the Act), 42 U.S.C. §§ 4001 et seq. Primarily, at issue are: whether 42 U.S.C. § 4072 (providing for �... More...

$0 (06-04-2019 - TX)

Lloyd's Syndicate 457 v. Floatec, L.L.C.

<center> <img width="300" src="http://www.txs.uscourts.gov/sites/txs/files/styles/gallery_slider_full/public/b3_0.jpg?itok=AvQeZnC8"> </center> This case concerns a disputed siting of Big Foot in the Gulf of Mexico. We refer to a floating oil-drilling platform that rests on four massive columns—hence the name “Big Foot”—moored by steel tendons to the ocean floor. Chevron, ... More...

$0 (04-17-2019 - TX)

Lyda Swinerton Builders, Inc. v. Oklahoma Surety Company

This case involves several issues of Texas law relating to an insurer’s duty to defend and the damages that an insured may recover when an insurer breaches that duty. The district court, after disposing of much of the case through a series of partial summary judgment rulings and conducting a bench trial on one remaining claim, issued a final judgment that largely (though not entirely) favored th... More...

$0 (12-25-2017 - TX)

Francis Michael Lynch v. Donna Falcon Lynch

Michael Lynch1 appeals from a final default divorce decree, dissolving his marriage to Donna Falcon Lynch. In 16 issues, Michael challenges the provisions in the divorce decree that divide the marital estate, award Donna appellate 1 Because the record indicates that Francis Michael Lynch prefers to use his middle name, Michael, we refer to him as Michael. 2 attorney’s fees, require M... More...

$0 (09-15-2017 - TX)

Levco Construction, Inc. v. Cleveland Construction, Inc., Whole Foods Market Rocky Mountain/Southwest, L.P.

Levco Construction, Inc. (“Levco”) sued Cleveland Construction, Inc. (“CCI”) and Whole Foods Market Rocky Mountain/Southwest L.P. (“Whole Foods”) for claims arising out of its role as a subcontractor on a construction project to build a Whole Foods store in Houston, Texas (“the Project”). CCI and Whole Foods also asserted claims against each other and Levco. Following a bench trial... More...

$0 (08-10-2017 - TX)

Dow Roofing Systems, LLC v. Great Commission Baptist Church and Chamberlin Dallas, LLC f/k/a Chamberlin Dallas, Ltd. d/b/a Chamberlin Roofing and Waterproofing f/k/a Chamberlin Roofing & Waterproofing, Ltd.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-16-00395-CV DOW ROOFING SYSTEMS, LLC APPELLANT V. GREAT COMMISSION BAPTIST APPELLEES CHURCH AND CHAMBE... More...

$0 (08-03-2017 - TX)

RDJRLW, Inc. v. Bobby Elbert Miller, Jr. d/b/a Miller Construction; and Guy Dankel and Janet Dankel

After homeowners Guy and Janet Dankel sued Bobby Elbert Miller, Jr. d/b/a Miller Construction for using defective concrete in constructing a driveway and concrete slab on their property, Miller Construction filed a third-party action 1See Tex. R. App. P. 47.4. 2 against the concrete manufacturer, Appellant RDJRLW, Inc. (RDJ), for statutory indemnity under chapter 82 of the ... More...

$0 (06-17-2017 - tx)

Justin V. Haynes v. Alicia Bryan Haynes

Justin V. Haynes appeals the trial court’s judgment awarding Alicia Bryan Haynes’s indemnity under the parties’ post-nuptial agreement. We affirm in part and reverse in part. BACKGROUND Justin and Alicia married in March 2003. A year later, they executed a post-nuptial contract called the Marital Agreement. In theMarital Agreement, Justin and Alicia agreed that, in the event of a dis... More...

$0 (05-31-2017 - TX)

Susan Ashton v. Koonsfuller, P.C.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for breach of a guaranty agreement, s... More...

$0 (05-10-2017 - TX)

Johnson Kidz, Inc. v. Vertex Community Bank, N.A.

Appellant Johnson Kidz, Inc. (“Kidz”), the tenant of commercial property owned by appellee Veritex Community Bank, N.A. (“Veritex”), sued Veritex after the property became uninhabitable due to vandalism. Veritex answered asserting various affirmative defenses and conditionally counter sued Kidz for breach of contract and Kidz’s owner, Nelson Johnson, for breach of a guara... More...

$0 (05-15-2017 - TX)

Jerry C. Johnson and Jacob Johnson v. State Farm Mutual Automobile Insurance Company

This appeal arises from a suit brought by Jerry C. Johnson seeking declarations construing the terms of two insurance policies following an automobile accident in which Jerry’s son, Jacob, a minor at the time, was injured while Jerry was driving.1 See Tex. Civ. Prac. & Rem. Code §§ 37.001–.011. Jerry sued State Farm Mutual Automobile Insurance Company, which had issued Jerry ... More...

$0 (04-06-2017 - TX)

Santander Consumer USA, Inc. v. Mario A. Mata; Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen, John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.; and Redshift Investigation, Inc.

This is an appeal from the trial court’s denial of a motion to compel arbitration and stay proceedings filed by appellant Santander Consumer USA, Inc. The trial court granted the motion as to appellee Mario A. Mata and denied it as to the remaining appellees, Centroplex Automobile Recovery, Inc.; Blake Thornton Vandusen; John F. Thompson d/b/a Centroplex Automobile Recovery, Inc.... More...

$0 (03-29-2017 - TX)

Noah S. Bunker; Paul Carrell; Everett Brew Houston, Jr.; W. Andrew Buckholz; Scott J. Leighty; Jad L. Davis; and Holly Clause, v. Tracy D. Strandhagen

This is an appeal from a declaratory summary judgment in favor of appellee Tracy Strandhagen, a physician who was formerly employed with American Anesthesiology of Texas, Inc. (“AAT”). Strandhagen sought a declaration that a liquidated-damages provision in a contract she entered into with other physicians working for AAT was an unenforceable penalty. Appellants, the physicians ... More...

$0 (03-12-2017 - TX)

Brittany Napoleon v. Strategic Dealer Services, Inc.

Brittany Napoleon sued Strategic Dealer Services, LP for use of a fraudulent motor vehicle lien. Strategic countersued Napoleon for breach of a motor vehicle retail installment contract.1 Each party moved for traditional and no-evidence summary judgment on its own claim and the other party’s claim. The trial court granted summary judgment in favor of Strategic. Napoleon appeals the trial court�... More...

$0 (03-06-2017 - TX)

American Zurich Insurance Company v. Daniel Samudio

We deny rehearing, withdraw our previous opinion, vacate our previous judgment, and issue this opinion and judgment in their stead. In this worker’s compensation suit, appellant, American Zurich Insurance Company, appeals a summary judgment that found in favor of appellee, Daniel 2 Samudio. In five issues on appeal, Zurich argues that (1) the trial court failed to comply with the... More...

$0 (01-26-2017 - TX)

Pondersosa Pine Energy, LLC, Nixon Peabody, LLP, and Shannon, Gracey, Ratliff & Miller, LLP v. Illinova Generating Company n/k/a Illinova Corporation

Illinova and other entities (the Sellers) sold their interests in a power plant to Enron North America Corp. pursuant to a Purchase Agreement. Enron subsequently assigned its rights under the Purchase Agreement to Ponderosa. Ponderosa borrowed over $200 million from eight banks to finance the purchase. When a dispute arose between Ponderosa and the Sellers, Ponderosa invoked... More...

$0 (07-19-2016 - TX)

RAILROAD COMMISSION OF TEXAS v. GULF ENERGY EXPLORATION CORPORATION

This case arises out of the Commission’s duties with respect to abandoned oil-and-gas wells, which are governed by Texas Natural Resources Code chapter 89. One of the statute’s express purposes is to protect Texas’s water and land from pollution by providing “additional means” for the plugging of abandoned wells. TEX. NAT. RES. CODE § 89.001. The statute and accom... More...

$0 (01-29-2016 - TX)

AMERICAN STAR ENERGY AND MINERALS CORPORATION v. RICHARD “DICK” STOWERS

In this case we must decide whether Texas partnership law requires a plaintiff seeking to enforce a partner’s liability for a partnership debt to sue the partner within the limitations period on the underlying claim against the partnership. Here, a judgment creditor attempted to collect from a partnership after litigating a contract claim for over a decade and a half, only to find th... More...

$0 (01-24-2016 - TX)

U.S. METALS, INCORPORATED v. LIBERTY MUTUAL GROUP, INCORPORATED, DOING BUSINESS AS LIBERTY INSURANCE CORPORATION

The insured under a standard-form commercial general liability insurance policy supplied flanges for use in constructing refinery processing units. The flanges leaked and had to be replaced to avoid the risk of fire or explosion. The flanges were welded to the pipes they joined and therefore had to be cut out while the refineries were shut down. The insured claims that its liability fo... More...

$0 (12-04-2015 - TX)

Steven Painter, Tonya Wright, Individually and as Representative of the Estate of Earl A. Wright, III, Deceased, Virginia Weaver, Individually and as Next Friend of Albert A. Carrillo, a Minor, Tabatha P. Rosello, Individually and as Representative et al v. Amerimex Drilling I, LTD.

This appeal asks us to decide if the proof necessary to place an employee within the “course and scope” of employment for the purposes of vicarious liable differs from that under the Texas Worker’s Compensation Act. The question arises in the context of an oil field employee, who after his shift had ended at a remote drilling site, was involved in a tragic automobile accident while transport... More...

$0 (11-03-2015 - TX)

The Note Investment Group, Inc. v. Associates First Capital Corp., Successor by merger to Associates Financial Services Company, Inc.

This is an appeal from a dispute between appellant, The Note Investment Group, Inc. (“TNIG”), and appellee, Associates First Capital Corp., successor by merger to Associates Financial Services Company, Inc. (“Associates”), regarding the sale by TNIG of partial interests in certain seller-financed notes and contracts for deed to Associates. In three points of error, TNIG contends that the t... More...

$0 (09-24-2015 - TX)

Roger D. Burks v. XL Specialty Insurance Company

Appellant Roger D. Burks was the chief financial officer of Superior Offshore International, Inc., which had obtained a directors and officers (D&O) insurance policy from appellee XL Specialty Insurance Company. Superior Offshore ultimately reorganized through a Chapter 11 bankruptcy, and the plan agent sought to recover property that the company transferred to Burks and to avo... More...

$0 (09-15-2015 - TX)

Intl Energy Ventures Mgmt, LLC v. United Energy Gr

IEVM filed the instant action against UEG and Mueller in Texas state court. UEG removed the action to federal court, and the original state court petition was never amended. The facts, recited almost verbatim from the complaint, are as follows. In July 2010, British Petroleum (“BP”) announced that it wished to sell its Pakistani subsidiaries that owned oil and gas fields in Pakistan (“BP ... More...

$0 (08-23-2015 - TX)

In re Lennar Homes of Texas Sales and Marketing Limited, etc.

The court has considered relators’ petition for writ of mandamus and is of the opinion that relief should be granted regarding mediation and denied regarding arbitration. The trial court abused its discretion by appointing a 1See Tex. R. App. P. 47.4, 52.8(d). 2 mediator and assessing mediation costs in a manner not authorized by the parties’ contract. The portions of the petition ... More...

$0 (07-15-2015 - TX)

Eric Drake v. Consumers County Mutual Insurance, and Travelers Indemnity Company

Eric Drake appeals the trial court's order granting summary judgment. In ten issues Drake challenges the authority of various judges who determined motions in the case, arguing they lacked authority to rule on the matters they considered. He also maintains the trial court's ultimate determination that the statute of limitations barred his claims was incorrect. We affirm the judgment of the trial c... More...

$0 (05-08-2015 - TX)

KNJ Enterprises, Inc. v. Wilbanks & Wilbanks, P.C. and H. Erwin Wilbanks and Fidelity National Title Insurance Company

The trial court signed an order compelling arbitration of all claims between appellant KNJ Enterprises, Inc. and appellees Wilbanks & Wilbanks, P.C., H. Erwin Wilbanks, and Fidelity National Title Insurance Company (collectively "Wilbanksâ€). Wilbanks initiated arbitration in conformity with the trial court's order. KNJ received notice of the arbitration initiated by Wilbanks ... More...

$0 (04-14-2015 - TX)

Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company and Allstate Fire & Casualty Insurance Company v. Rehab Alliance of Texas, Inc d/b/a Steeplechase Family Heathcare and Steeplechase Pain Management & Surgical Associates, Sheila Smith fka Sheila Goyer, Dennis Smith, D.C, The Diagnostic & Injury Center of Houston, LLC and Ihsan Shanti, M.D.

We overrule appellants' motion for rehearing, withdraw our memorandum opinion issued December 9, 2014, and issue this substitute memorandum opinion. Appellants, Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company, and Allstate Fire & Casualty Insurance Company ("Allstateâ€) appeal an order grantin... More...

$0 (04-21-2015 - TX)

Insurance Company of the State of Pennsylvania v. Merle A. Hughes

Merle A. Hughes filed a claim for benefits with the Texas Worker's Compensation Commission, and a contested case hearing was heard before the Texas Department of Insurance, Division of Worker's Compensation (DWC). The DWC made the following decision: [Hughes] sustained an injury, in the form of an occupational disease. Because [Hughes] did not sustain a compensable injury, she ... More...

$0 (04-16-2015 - TX)

Dallas National Insurance Company v. Calitex Corp., Elshir Enterprises, L.P. and Thomas, L.P.

This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, "Calitexâ€) filed this lawsuit against appellant Dallas National Insurance Company ("DNICâ€) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a judgment Calitex obtained (the "underlying judgmentâ€) in a separate underlying... More...

$0 (03-03-2015 - TX)

Michael D. Karns v. Jalapeno Tree Holdings, LLC; Mark S. Parmerlee; and Paul Bambrey

Appellant Michael Karns, owner of the El Fenix chain of Mexican food restaurants in the Dallas-Fort Worth Metroplex, sought to purchase a competing chain of Mexican food restaurants from Appellees Jalapeno Tree Holdings, L.L.C., Mark S. Parmerlee, and Paul Bambrey (collectively "Jalapeno Treeâ€). Although the parties initially agreed to certain terms outlined in a letter of in... More...

$0 (02-21-2015 - TX)

West Star Transportation, Inc. v. Charles Robison and Cherie Robinson

Appellant, West Star Transportation, Inc., appeals the entry of a judgment in favor of Appellees, Charles and his wife, Cherie Robison, for damages totaling $5,298,590.78, for personal injuries sustained by Charles while working for West Star. By four issues, West Star contends (1) the evidence is legally and factually insufficient to support the jury's finding that West Star's negligence proximat... More...

$0 (01-23-2015 - TX)

Allstate Insurance Company v. Rehab Alliance of Texas, Inc. d/b/a Steeplechase Family Healthcare and Pain Management & Surgical Associates, et al.

Appellants, Allstate Insurance Company, Allstate Indemnity Company, Allstate Property & Casualty Insurance Company, Allstate County Mutual Insurance Company, and Allstate Fire & Casualty Insurance Company ("Allstateâ€) appeal an order granting summary judgment in favor of Rehab Alliance of Texas, Inc. d/b/a Steeplechase Family Healthcare and Steeplechase Pain Management & Surgical Associa... More...

$0 (12-09-2014 - TX)

Doug Crownover and Karen Crownover v. Mid-Continent Casualty Company

Doug and Karen Crownover contracted with Arrow Development, Inc. ("Arrowâ€) to construct a house for them. Arrow performed defective work and then failed promptly to correct the work. The Crownovers spent a significant amount of money paying to correct the work themselves. An arbitrator found Arrow liable to the Crownovers for breaching its express warranty to repair non-conforming work and a... More...

$0 (10-29-2014 - TX)

Clarence Stumhoffer, Heir of the Estate of Robert Brian Stumhoffer, Deceased v. Daniel Perales and Erin Perales

Appellees, Daniel and Erin Perales (collectively, "Peralesâ€), sued the appellant, the independent administrator and heir of the Estate of Robert Brian Stumhoffer ("the Estateâ€), seeking to recover attorney's fees and costs incurred in 2 defending an adverse claim to title on real property sold to Perales by Robert Stumhoffer, decedent. In a single issue, the Estate challenges t... More...

$0 (09-25-2014 - TX)

GAIA Environmental, Inc. v. James B. Galbraith

Appellants Gaia Environmental, Inc. and AXL Industries, L.L.C. brought claims against appellees James B. Galbraith and McLeod, Alexander, Powel & Apffel, P.C. ("MAPAâ€) for tortious interference with a prospective business relationship, tortious interference with an existing contract, civil conspiracy, and aiding and abetting. Gaia and AXL alleged that attorney Galbraith and his firm MAPA... More...

$0 (09-09-2014 - TX)