Texas Insurance Law Newsbrief - August 13, 2024

Texas Insurance Law Newsbrief

U.S. DISTRICT COURT GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER; DISMISSES INSUREDS BREACH-OF-CONTRACT CLAIM BASED ON UNTIMELY TENDER OF APPRAISAL AWARD  

The United States District Court for the Western District of Texas concluded that the insureds’ breach-of-contract claim against their insurer was barred, despite the insurer’s late payment of appraisal award and the insureds’ refusal of the payment for the award.

U.S. DISTRICT COURT GRANTS SUMMARY JUDGMENT IN FAVOR OF INSURER BASED ON EARTH MOVEMENT EXCLUSION; DISMISSES INSUREDS BREACH-OF-CONTRACT CLAIM

The United States District Court for the Southern District of Texas dismissed the insured’s breach-of-contract claim due to the Earth Movement exclusion, as it was undisputed that earth movement was a cause of the foundation damage. 

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