Texas Insurance Law Newsbrief - February 9, 2018

HIDALGO COUNTY JURY FINDS IN FAVOR OF INSURER IN DISPUTED HAIL DAMAGE CLAIM

COURT ENFORCES “INSURED’S DUTIES AFTER LOSS” – ABATES LAWSUIT PENDING INSURED’S COOPERATION IN COMPLETING EUO, PROVIDING REQUESTED DOCUMENTS AND ALLOWING PROPERTY RE-INSPECTION  

SAN ANTONIO COURT OF APPEALS FINDS INSURED’S BREACH OF CONTACT AND EXTRA-CONTRACTUAL CLAIMS FAIL TO SURVIVE TIMELY PAID APPRAISAL AWARD

COURT FIND SALE OF SECURITIES EXCLUSION APPLIES, NO DUTY TO DEFEND AND GRANTS SUMMARY JUDGMENT TO INSURER

TEXAS COURT OF APPEALS REFUSES TO ADOPT “EXHAUSTION DOCTRINE” TO IMPOSE LIABILITY ON UIM INSURER THAT CONSENTED TO INSURED’S POLICY-LIMIT SETTLEMENT WITH THE LIABILITY CARRIER 

COURT REJECTS INSURED’S UNSUPPORTED CONTENTION THAT GOOD FAITH DISAGREEMENT AND GOOD FAITH INVESTIGATION ARE CONDITIONS PRECEDENT TO INVOKING APPRAISAL

FEDERAL COURT REITERATES POSITION ON ADJUSTER LIABILITY IN UNFAIR SETTLEMENT PRACTICES FOR PURPOSES OF JURISDICTION

WESTERN DISTRICT OF TEXAS DENIES SUMMARY JUDGMENT ON ISSUES OF PROMPT NOTICE OF CLAIM