Texas Insurance Law Newsbrief - July 2, 2019

COURT OF APPEALS POTENTIALLY EXPANDS STOWERS DOCTRINE TO ELIMINATE THE REQUIREMENT OF A JUDGMENT IN EXCESS OF THE POLICY LIMITS

SUPREME COURT OF TEXAS HOLDS THAT A TIMELY PAYMENT OF APPRAISAL AWARD, IN THE ABSENCE OF ESTABLISHED LIABILITY, PRECLUDES RECOVERY OF DAMAGES UNDER TPPCA’S SIXTY-DAY PROMPT PAYMENT RULE

COURT OF APPEALS CONCLUDES RESTAURANT’S WATER FEATURE WAS OPEN AND OBVIOUS AND AFFIRMS SUMMARY JUDGMENT IN FAVOR OF PREMISES OWNER