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Angell v. GEICO Advantage Insurance Co.

Court: 5th Cir  05/12/2023  Fifth Circuit Affirms Class Certification of Auto Policy and TPPCA Claims

The Fifth Circuit affirmed class certification against an auto insurer for alleged failures to pay total loss purchase fees, holding that because the Texas Prompt Payment of Claims Act is a strict liability statute, a finding that the insurer made a timely actual cash value payment that is reasonable or 'roughly corresponds' to the amount ultimately owed on any class member's claim would not lead to varied judgments of whether the insurer complied with the TPPCA across class members and that the failure of the insurer to pay any one of the three purchasing fees (registration fees, title costs, or sales tax) amounts to the same harm, namely a breach of the policies.

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