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Ahmad v. Allstate Fire and Casualty Insurance Co.

Court: SD Tx  06/01/2021  Magistrate Recommends Denial of Insurer's Motion for Summary Judgment on the Prompt Payment of Claims Act

The court found that, under Hinojos, the insurer's pre-appraisal partial payment of claim did not relieve the insurer of liability under the Prompt Payment of Claims Act. Additionally, the insurer's post-appraisal payment of the remaining portion of the claim along with interest did not foreclose the insurer's liability under the Act because there was no mutual intent to dispose of the insured's claims and the insured still was entitled to attorneys' fees

homeowners insurance policy, Hurricane Harvey, appraisal, payment, prompt payment of claims, penalty interest, attorneys' fees, Chapter 542, Hinojos

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