- Wrongful DeathCongratulations to Sheila Tan and David Plaut for their recent win at trial in a wrongful death case styled Cause No. 20-002074, Mandy Menasco, on Behalf of All Wrongful Death Beneficiaries of Seana Mitchell, Deceased v. Colten Mushinski, 361st District Court, Brazos County, Texas. Plaintiff’s decedent was a 19-year-old girl dragged to her death beneath the pickup truck of her boyfriend (the insured). The tragic facts of this case presented some real challenges for the defense. However, in a 10-2
- Construction ContractsThe Texas Construction Anti-Indemnity Act (“AIA”) generally voids provisions in construction contracts, entered into after January 1, 2012, that impose indemnity obligations and obligations to secure additional insured coverage for the additional insured/indemnitee’s own negligence or fault. Tex. Ins. Code §§ 151.102, 151.104. (Texts of these provisions is quoted below). We provided a brief primer on the AIA in this post from Eric Peabody on July 26, 2020. A recent decision by the Texas Supreme Court begins to define the scope
- Workers CompensationHanna & Plaut represents workers' compensation insurance carriers in compensability and medical disputes before the Texas Department of Insurance - Division of Workers' Compensation and the State Office of Administrative Hearings as well as in state district court.
- Severance Agreement
- Premises LiabilityCongrats to Hanna & Plaut’s David Plaut and Jeff Glass who posted two appellate wins this week: Denny v. Reinemund in the Amarillo Court of Appeals and Arellano v. Villegas in the Houston Court of Appeals. Denny involved a no-evidence motion for summary judgment in a premises liability case and addressed the duty of an owner/operator to business invitees. Arellano arose from the denial of a motion for new trial in a motor vehicle case with the trial court improperly
- Construction LitigationHanna & Plaut handles state and federal trials, appeals, alternative dispute resolution, and client counseling. The primary focus of our practice is the representation of insurance carriers and agents in insurance coverage and “bad faith” litigation, but our practice also includes appeals, insurance defense, construction litigation, commercial litigation, administrative law (including workers’ compensation), and subrogation matters. Our client list includes some of the top national insurance carriers and our work takes us all over the state of Texas.
- Property DamageHanna & Plaut is often hired by insurance carriers to defend their insureds in suits alleging personal injury and property damage, including automobile liability, premises liability and defective construction claims.
- Personal InjuryCongratulations to Eric Peabody and David Plaut on their recent 7-1 win in the Texas Supreme Court in Cause No. 21-0513, Ferrer v. Almanza. In an Opinion by Justice Huddle, the Court held the Texas tolling state – Civil Practice & Remedies Code § 16.063 – did not toll the running of the statute of limitations in a car wreck/personal injury case against a Texas resident who was away at college for a significant part of the applicable limitations period.
- Auto Accidents