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 Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...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
Judge Nancy Atlas of the Southern District of Texas cut through competing arguments to resolve a high-profile dispute involving a Hurricane Harvey claim through Contract Interpretation 101....more