Establishing Causation In Failure-To-Procure Cases

Law360, New York (December 17, 2009, 2:48 PM EST) -- The Texas Supreme Court recently decided that, regarding a failure-to-procure insurance claim, a plaintiff must present evidence that a policy could have covered the loss.

In Metro Allied Insurance Agency Inc. v. Lin, an individual attempted to procure a CGL insurance policy that covered damages based on nonperformance of a contract. No. 07-1032, 2009 Tex. LEXIS 1043 (Tex. Dec. 11, 2009).

The insurance agent represented that the individual had a CGL policy, the agent received premium payments for same, but there was never any such policy....
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