The United States Court of Appeals for the Fifth Circuit upheld a summary judgment granted to the insurer over a policyholder’s argument that payment of an appraisal award and interest may extinguish an insurer’s liability...more
2/13/2025
/ Appeals ,
Appraisal ,
Bad Faith ,
Breach of Contract ,
Insurance Claims ,
Insurance Contracts ,
Insurance Litigation ,
Pleading Standards ,
Pleadings ,
Property Damage ,
Property Insurance ,
Summary Judgment ,
Tort
In Advanced Indicator & Manufacturing v. Acadia Insurance Company, the Fifth Circuit resolved a thorny split in Texas federal district courts regarding Texas Insurance Code Chapter 542A by returning to a bedrock principle...more
Just a few short years ago, there was a bright line rule under Texas law concerning appraisal awards. If an insurer timely paid an appraisal award, that payment extinguished all of the insurer’s contractual and...more
8/23/2021
/ Appeals ,
Appraisal Awards ,
Bad Faith ,
Insurance Industry ,
Insurance Litigation ,
Prompt Payment ,
Property Insurance ,
Summary Judgment ,
Travelers Property Casualty Co. ,
TX Supreme Court ,
Underpayment
When the Texas Supreme Court issued its opinions in Barbara Techs. Corp. v. State Farm Lloyds, 589 S.W.3d 806 (Tex. 2019) and Ortiz v. State Farm Lloyds, 589 S.W.3d 127 (Tex. 2019), a badly fractured court overturned prior...more