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Allstate Vehicle & Property Insurance Co. v. Reininger

Court: Tx 4-San Antonio  11/25/2020  Court Affirms Award of Actual Damages for Insured in Hail Damage Case but Reverses Award of Statutory Damages

The Court found that there was sufficient evidence to support a jury finding that the insurer had failed to conduct a reasonable investigation of a hail damage claim based on evidence the insurer had not followed its own procedures and the insured's expert's testimony that the adjuster had not acted reasonably when he failed to inspect the home's interior but found that the failure to disclose a policy exclusion in the policy's binder was insufficient evidence to support a finding that the insurer had knowingly made misrepresentations regarding coverage even if the insurer and its agent had carelessly identified the binder as the policy.

homeowners insurance policy, reasonable investigation, hail, misrepresentation, binder, legal sufficiency, jury instruction, jury charge, knowingly, cumulative error, cosmetic damage exclusion, roof, metal roof

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