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THE BRASHER
BULLETIN
May 2024
Beaumont Office (Main Office) 1122 Orleans St. Beaumont, TX 77701 (409) 832-3737 New Orleans Office 1555 Poydras Street, Suite 1600 New Orleans, LA 70112 (504) 527-8291 Lake Charles Office 2201 Oak Park Blvd, Lake Charles, LA 70601 (337) 284-9998 Houston Office 1415 North Loop West, Suite 1000 Houston, TX 77008 (713) 714-5014
MEET CARYL, OUR SENIOR PARALEGAL OF 14 YEARS! How a High School Class Sparked a Lasting Legal Career
After 14 years here at Brasher Law, I can’t imagine any other workplace that would keep me on my toes. I’ve been the go-to senior paralegal at our firm, and I’m not afraid to say that it’s been quite the ride. Of course, that’s why I absolutely love what I do! Believe it or not, it all started back in high school with my charismatic government teacher, Mrs. Lavinski. She had such a knack for making government and law seem so intriguing that I just had to dive deeper. So, off I went to grab a degree in political science and, not too long after, landed in the world of paralegals. Apparently, just like Mrs. Lavinski, my passion for law seemed to rub off onto others too, and now my daughter, Cheyann, has followed in my footsteps and is a paralegal at age 25. Like mother, like daughter, right? These days, I’m juggling work from home, managing a team of four legal assistants, and lending a hand to our
Our team, or the A-Team as we like to call ourselves, plays a crucial role as the bridge between our clients and the often intimidating world of insurance companies and attorneys. It’s all about keeping things clear, empathetic, and understandable for our clients, helping them get a grip on the whole legal process, like why things might be moving at a snail’s pace on the docket. “Whether it’s demystifying insurance law or making sure our clients feel heard and supported, every day brings something new. And I wouldn’t have it any other way!” Aside from my paralegal adventures, my family and friends mean the world to me. I’ve got an adorable granddaughter who’s about to hit her first birthday, and my close-knit circle of friends (who all happen to work with us) makes sure there’s never a dull moment, especially on our girls’ weekends. When looking back, there’s one movie that really left a mark on me and my career goals, and that was “Erin Brockovich.” Watching it as I was starting out at Brasher Law, I thought, “That’s it. That’s what I want to do.” And here I am, still driven by that inspiration, tackling the everyday challenges that come with being a spokesperson for someone navigating the complex legal system. So, that’s me — still here after 14 years, more passionate than ever about making a difference, one case at a time, and always ready to tackle whatever comes our way. Whether it’s demystifying insurance law or making sure our clients feel heard and supported, every day brings something new. And I wouldn’t have it any other way!
Dallas Office 6160 Warren Pkw Suite 100 Frisco, TX 75034 (972) 928-0517
five attorneys. Though I’m more behind the scenes, supporting our attorneys rather than mingling with clients, it’s been an exciting transition with endless opportunities for growth. The learning never stops in this job. With laws and rules constantly evolving and the added twist of dealing with regulations in different states — like when Clint had me dive headfirst into Louisiana law in 2020 — it’s been quite the learning curve. But that’s the part of the job I thrive on, especially getting into the nitty-gritty of insurance law. Honestly, I prefer learning about the broad strokes of federal cases over state ones, but I’ll study whatever I can to ensure I offer the best support to my team and our clients.
–Caryl McBroom
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Coverage Disputes in Hacking and Ransomware Claims Cyber Risk Coverage
Most businesses now have coverage for cybersecurity loss. Cyber endorsements include coverage for the policyholder, including reimbursement of ransom payments, forensic investigation expenses, public relations expenses, and other expenses caused by the loss, including time element damages (business income). Coverage is afforded to policyholders for their losses and third-party claims against them. And, while large companies are reluctant to admit to the security breach, insurance companies have looked for loopholes to avoid paying for coverage. One such issue is what constitutes a “loss.” If an insured takes steps to mitigate the loss, including issuing customer refunds, vouchers, discounts, etc., Insurance Underwriters, Inc. , 90 F.4th 847 (5th Cir. 2024), the 5th COA was left to determine whether there was coverage for losses claimed by Southwest. They claimed the loss under their Cyber Risk coverage and System Failure coverage, which covered “all loss ... that an Insured incurs ... solely as a result of System Failure.” AIG sold the policy are those covered by the policy? In Southwest Airlines Co. v. Liberty
form, and Southwest purchased excess follow-up forms through other insurers, with Liberty Insurance only implicated if the losses exceeded $50 million. Southwest Airlines claimed to have incurred costs related to a computer system failure that led to a three-day disruption of its flight schedule. Southwest issued vouchers, coupons, refunds, promo codes, and advertising costs associated with the disruption. Liberty argued that those were not “losses” but rather discretionary costs associated with a “business decision.” The policy in question failed to define “incur” or “solely” but did define “losses” as “the actual and measurable interruption or suspension of an Insured’s business directly caused by … a System Failure.” The Court of Appeal reversed the trial court and found that the decision to issue the vouchers, refunds, promos, etc., while decided by Southwest Airlines, was precipitated by the root cause of loss — the disruption of the computer system. Liberty argued it wasn’t fair to allow its insured to define losses by its choice of
refunds — the court rejected the argument, relying on long-standing insurance law principles. First, policies and forms within should be harmonized to afford the coverage reasonably expected to be provided. Liberty’s position was the opposite — it wanted the exclusion to narrow the coverage to almost nothing. Second, courts and juries are well-equipped to handle causation issues in damages claimed by policyholders. The court noted this while upholding the long-standing indemnity principle in insurance coverage, and policyholders should not be put in a better position than they were had the loss not occurred. Third, the COA reinforced the basic premise of bad faith liability — insurers owe a duty to pay for claims when liability for those claims is “reasonably clear.” Or, stated another way, where there was a fact issue on whether there was a reasonable basis to deny the claim. It is not unusual right now for businesses to suffer disruptions based on a breach of their computer systems. At the same time, businesses are not always forthcoming about the loss. However, many companies have coverage for these disruptions, including time element coverages (like Business Income Loss) and other losses to mitigate the damage. The coverage for those losses will depend on the policy’s language, but the rules governing the payment of those losses are the same as those for any claim: Your insurance
company should pay the claim if liability is reasonably clear .
–Clint Brasher
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SAFEGUARD YOUR BRAIN HEALTH With These 3 Simple Practices
The brain is like a command center for our bodies; it processes everything, from memories to emotions. Our happiness, cleverness, and general well-being require us to take good care of that gray matter. If we give it what it needs, it will serve us well. As Caryl discusses in our cover article, our jobs, family obligations, and hobbies often depend on continued learning and growth. Here are a few tips anyone can incorporate into their routine to give their brain some TLC.
KEEP THE PHONE OUT OF BED. When you transition from asleep to awake in the morning, your brain waves steadily transition from alpha to theta to beta. So, don’t reach for your phone when you open your eyes first thing. Doing so interrupts your brain’s essential waking process, resulting in a slew of adverse effects throughout the day, including making it harder for you to think creatively, among other things. STOP NEGATIVE SELF-TALK. We’re our own worst critics. Doubting and discouraging ourselves is easy, but pushing away negative self-talk is imperative. It leads to stress and overwhelming perfectionism while harming relationships. It undermines positive self-esteem, confidence, and body image. The cyclical nature of negative self-talk makes it hard to get rid of, often requiring therapy, but cognitive behavioral therapy (CBT) is a standard and effective treatment. AVOID ULTRA-PROCESSED FOODS. Ultra-processed foods aren’t just bad for your heart; they also harm your brain. Hot dogs, sugary sodas, and TV dinners — just a few culprits — harm emotional and cognitive health. One study found that people who eat these things are more likely to have depression and anxiety. Another study correlated high ultra-processed food consumption with an intelligence decline, especially with aging. It’s unclear why ultra-processed foods are so bad for brains, but the leading theory connects it to gut health. Regardless, abstaining from or reducing your intake of these foods is vital to protecting your mental and physical health.
Grilled Red Curry Beef Satay With Peanut Sauce Inspired by StarTribune.com
BREAK TAKE A
Ingredients •
1 1/2 lb flank steak 1/2 cup unsweetened coconut milk
For sauce: • 1 cup unsweetened coconut milk • 1–2 tbsp Thai red curry paste • 1 tbsp brown sugar • 1 tbsp fish sauce • 1/2 cup creamy peanut butter • 1 tbsp lime juice
•
2 tbsp lime juice
• • •
1–3 tbsp Thai red curry paste
1 tbsp fish sauce
Directions 1. Freeze flank steak for 30 minutes. Cut crosswise, against the grain, into thin slices. 2. In a medium bowl, whisk together coconut milk, lime juice, curry paste, and fish sauce. Add steak and toss to coat. Cover and chill for 8 hours. 3. In a small saucepan over medium heat, combine coconut milk, curry paste, brown sugar, and fish sauce. Bring to a gentle boil for 3 minutes, stirring occasionally. Add peanut butter and stir until well blended. Remove from heat and add lime juice. 4. Thread the marinated meat onto 12 long skewers. Grill until beef is medium rare, 1–2 minutes per side. 5. Transfer satay to a platter and serve with peanut sauce.
Solution
(409) 832-3737 || 3
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1122 Orleans St. Beaumont, TX, 77701 (409) 832-3737 brasherattorney.com
ISSUE IN THIS
1.
Caryl’s Paralegal Passion for People and Problem-Solving
2.
Southwest vs. Liberty Explained
3.
Essential Steps to Ensure Your Mental Well-Being Grilled Red Curry Beef Satay With Peanut Sauce
4.
When a Shark Became a Lifesaver
THE UNBELIEVABLE SHARK ENCOUNTER
That Saved a Man’s Life
Sharks are powerful, violent creatures. They can have thousands of razor-sharp teeth. They swim about 12 mph when attacking — twice the speed of a (very fast) human swimmer. The mere presence of a shark is enough to close down a beach and frighten movie audiences. Apparently, some sharks are different. One shark even saved a man’s life. Eugene and his family were enjoying a warm summer day in Huntington Beach, California. As he swam in the ocean, enjoying the cool waters of the Pacific, he was struck by a sudden tremendous force, pushing his neck backward. He later described the sensation as “instant whiplash.” After a difficult and painful swim, he reached the shore. Eugene’s daughter asked why his back was so bloody. He was shocked to find a giant gash across the center of his back, as well as several teeth marks on one side. The family
headed home as lifeguards closed the beach, fearing more attacks. That evening, Eugene was in severe pain from the injury and was rushed to the hospital. Not surprisingly, blunt force trauma was causing his pain, befitting a large shark ramming him in the back. However, this wasn’t the only diagnosis he received that day, nor was it the most severe. While examining Eugene, doctors discovered a walnut-sized tumor on his right kidney. They quickly rolled him into the operating room and removed the cancerous tumor before it could progress. Whether the shark intended it or not, it may have saved Eugene’s life. Undetected, the tumor might have metastasized and spread to the rest of his body. Without that attack, he may not have known about the cancer before it was too late. Because of that fact, we are confident the shark is a hero, whether it knows it or not.
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