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Biasatti v. GuideOne National Insurance Co.

Court: Tx Sup  04/17/2020  Supreme Court Remands Case to Trial Court to Determine Effect of Unilateral Appraisal Clause on Bad Faith Claims

The Supreme Court found that the insured's contention that its breach of contract/bad faith claims remain viable even without an independent injury when a policy's appraisal clause is unilateral rather than mutual is potentially meritorious, and so the Court remanded the matter to the trial court for consideration of the Supreme Court's earlier decisions on this issue that involved mutual appraisal provisions.

commercial property insurance policy, independent injury, appraisal, unilateral, mutual, Ortiz, bad faith, Insurance Code, Texas Prompt Payment of Claims, TPPCA

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