Frequently Litigated Liability Policy Conditions In Texas

Law360, New York (May 19, 2010, 3:23 PM EDT) -- Nearly every liability insurance policy includes some form of conditions, and as conditions precedent to coverage, an insured’s compliance with these conditions is imperative. As with other issues of policy construction and application, Texas courts seem oftentimes uncertain — even reluctant — to deny coverage to an insured solely because the insured failed to comply with one or more policy conditions.

Even so, given that the conditions contained in a liability policy are essential to an insurer's ability to defend an insured and potentially directly bear...
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