Texas Insurance Law Newsbrief - February 24, 2023

Texas Insurance Law Newsbrief

TRIAL COURT ABUSED DISCRETION BY APPOINTING ATTORNEY AS UMPIRE IN HOMEOWNERS INSURANCE APPRAISAL DISPUTE – MANDAMUS CONDITIONALLY GRANTED

The Corpus Christi Court of Appeals determined that a trial court’s appointment of an attorney to serve as umpire in a property damage dispute, was improper, not in compliance with Policy terms and thus, conditionally granted the insurer’s petition for writ of mandamus.

REINSPECTION AND SUPPLEMENTAL PAYMENT ON HAIL DAMAGE CLAIM FAILS TO SUPPORT UNFAIR CLAIM HANDLING ALLEGATIONS – PARTIAL SUMMARY JUDGMENT GRANTED

The U.S. District Court in El Paso considered an insurer’s motion for partial summary judgment arising from two reported hail damage claims and found that the insurer’s actions in reassessing its damage findings and issuing a supplemental payment would not support claims alleging unfair claims handling.

INSURED’S FAILURE TO PROVIDE PROPER PRESUIT NOTICE, PRECLUDES RECOVERY OF ATTORNEY FEES

A U.S. District in Houston analyzed an insurance dispute following storm damage to the insured’s building project and the insurer’s Verified Motion to Preclude Attorney’s Fees because it did not receive proper notice as required under Texas Insurance Code § 542A.003(a).

INSURED’S MISREPRESENTATIONS IN APPLICATION SUPPORT RECISSION – COURT RENDERS JUDGMENT IN FAVOR OF INSURER

The U.S. District Court in Amarillo rendered judgment in a lawsuit for life insurance benefits, and issued findings of fact and conclusions of law which supported the insurer’s affirmative defense of misrepresentation under Texas Insurance Code § 705.051.

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