New Requirement for Texas Non-Subscriber Plans - Must Meet 'Fair Notice' Standard

Non-Texas readers may be surprised to know that Texas, ever the bastion of independence, does not require employers to provide workers compensation insurance for their employees. (It does however penalize non-subscribers by prohibiting them from utilizing any of their common law defenses, such as contributory negligence, assumption of the risk or the fellow servant doctrine.) In lieu of workers compensation a substantial number of employers have adopted their own plans which provide benefits in case of injury, often conditioning them on a post-injury waiver and release. As of today, those plans now have an additional requirement to be enforceable, that they meet the so called "fair notice requirements." Storage & Processors, Inc. v. Reyes (Tex. 4/2/04).



The Court itself explained just what that meant, and its effect:
A contract which fails to satisfy either of the fair notice requirements when they are imposed is unenforceable as a matter of law. See Dresser Indus., Inc. v. Page Petroleum, Inc., 853 S.W.2d 505, 509B10 (Tex. 1993); see also U.S. Rentals, Inc. v. Mundy Serv. Corp., 901 S.W.2d 789, 792 (Tex. App.BHouston [14th Dist.] 1995, writ denied). One fair notice requirement, the express negligence doctrine, requires that "the intent of the parties must be specifically stated in the four corners of the contract." Ethyl Corp. v. Daniel Constr. Co., 725 S.W.2d 705, 707 (Tex. 1987).[1] The other requirement, of conspicuousness, mandates "that something must appear on the face of the [contract] to attract the attention of a reasonable person when he looks at it." Dresser, 853 S.W.2d at 508 (quoting Ling & Co. v. Trinity Sav. & Loan Ass'n, 482 S.W.2d 841, 843 (Tex. 1972)). Language may satisfy the conspicuousness requirement by appearing in larger type, contrasting colors, or otherwise calling attention to itself. Littlefield v. Schaefer, 955 S.W.2d 272, 274B75 (Tex. 1997). However, if both contracting parties have actual knowledge of the plan's terms, an agreement can be enforced even if the fair notice requirements were not satisfied. Dresser, 853 S.W.2d at 508 n.2 (citing Cate v. Dover Corp., 790 S.W.2d 559, 561 (Tex. 1990)).
Because a plan that does not comply is not enforceable, non-subscribers with such plans should review them quickly.

Blogroll

azplanningforwildlife.com m2tvchannel.com bapedaldaprovjambi.com kreis-dl.net news-1212.com landratsamt-doebeln.net landkreis-doebeln.net canadiangoldreserves.net chicagohearse.com tattooremovalessex.com braziltrade-uae.com 333asia.com calliemacdesigns.com gemdoc.net simplefoodjuiceplus.com postabortionstresssyndrome.com descendingpath.com casadopinhole.net myspeechandlanguage.net sezambook.com rerecognition.info bebetsy.info carsoncitybraces.info summitcardiology.info sanfojiangsi.info trailheadgeararchery.info immigrationconnect.info nhhomeless.info tundradialogues.info ibexretail.com kreis-dl.com agiles-eam.com bestbcgolfcourse.com niittyneito.com yenikapimevlevihanesi.com hnr100.com eplogin.com richard-wagner-festival.com landratsamt-doebeln.com lra-doebeln.com terrecatalane.com thesmarterhybrids.com Political Science,Politics And Religion,Lamp For Home,Internet Media Services,Book Holidays Online,Electric Car Engine,House And Garden Magazine,Fashion Art Music,Allobits Business Finance Solutions,Amelia Island Living,Sectb Business management,Biblepl College And University,Synergysigns Home Furniture,Marketing and Promotion,Meristem Nature,Success Business,Food and Nutrition,New Health Foundation,Real Estate Designer,Chase Auto Loans,Economic and Business Review,Business Insurance Quotes,Gambling Commission,Game and Media Technology,TakingBusinessOpportunities,MedicalCenter,FashionModelling,FashionCelebrity,BusinessMarketing,ComputersandTechnology,SubjectAboutTechnology,Children'sEducation,EconomicsBusinessandFinance,Entertainment,BusinessAccounting,HealthTechnology,AirHealth,BodyHealth,HousingDesigners,ArtsandEntertainment,GamingTournament,ForexEducation,HomeDesignIdea,BeautyClinic Professional Translation Streaming Wizard Alcoholism and Drug Medical Laboratory Commerce Business Educational Kids Play Space Education Home Repair Volunteer Fashion Talent Health and Safety Executive Play Web Games Travel and Surfing Property and Estate Agents Technology Group Solutions Student Service Center Construction Industry Media Center Computer Teny Fashion Home Remodeling Services Inspector Network Car Rentals Leader Dogs Rise Health Systems Business Strategy Consultant
Personal Life Coaching
Company Business Coaching
Entertainment News
Physics and Astronomy
Science and Technology
Cheap Vacation Packages
World Business Academy
Planets Project
Travel and Leisure
Prevent Drug Abuse
Education Certified
Play Kids Games
Legal Defense Fund
Real Estate Strategies
Isolation Globale
Insurance Coverage Law
Rock Hotel and Resorts
Medical Insurance
Healthy Mind and Body
Marjahaan Autokatsastus
Free Sports Authority
Auto Insurance Coverage
Global Technics
Advitium Manufacturing
Professional Core Education
Special Finance Services
Bergen County Contractors
Great Children's Art
Health Supply Company
Social Media Power
Texas House Restaurant
Carbon Consultant
Carbon Expert
Low Carbon
Reset Carbon
Healthcare Commissioning
Virtual Job Tryouts
Ethos Academy (Education)
Intrinsic Schools
Attorney General
Technology Software
Business Plans
Digital Media
High School Resources
Adult Resources
Gamblers Anonymous
Ecuador Real Estate
Software Development
Festival Fashion
Drugs And Alcohol
Food Network Recipes
Journal Human Resources
Games and Technology
Technology Development
Web Resources Express
Payday Loans Bad Credit
Art and Craft
Business and Finance News
Ecological Sciences
Education Resources
Web Design
Music Education
World Resources Institute
Business Health Guide