Texas Insurance Coverage Litigation: The Litigator's Practice Guide 2026

Texas Insurance Coverage Litigation is a practice guide for Texas litigators handling insurance coverage lawsuits or confronted with insurance questions in the litigation context. It includes legal analysis, practical tips, forms, and annotations specific to Texas and Fifth Circuit practice.

Part I considers third-party liability insurance and focuses on the coverage and features of these types of policies: commercial general liability, professional liability, directors and officers liability, employment practice, fiduciary liability, cyber and privacy liability, and excess and umbrella.

Part II is an overview of key concepts that apply to insurance coverage lawsuits governed by Texas law, including the rules of construction and the obligations of both the insurer and the insured.

Part III examines all aspects of an insurance coverage lawsuit, including pre-litigation matters, pleadings and discovery, trial considerations, and post-trial proceedings.

NEW IN THIS EDITION

• Analysis of whether electronic data can be considered as tangible property and covered under Commercial General Liability (CGL) policies due to the evolution of risks like social engineering and ransomware cyberattacks
• Coverage of recent major disruptive data breach and cyberattack events warranting the need to change the language of the hostile/warlike act exclusion by insurers
• Discussion of a 2024 case stemming from a phishing attack, determining if recovered phishing funds trigger insurance allocation
• Overview of an eight-corners analysis to determine whether an insurer had a duty to defend under a policy containing a breach of contract exclusion