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Braden v. Allstate Vehicle and Property Insurance Co.

Court: ND Tx  01/18/2019  No Recovery for Contractual or Extra-Contractual Claims where Insurer Timely Paid Appraisal Award

A court of the Northern District of Texas granted summary judgment in favor of an insurer on an insured's breach of contract and insurance code claims, holding that the insurer's timely payment of an appraisal award under a homeowner's policy barred the insured's breach of contract claim under the policy and the Texas Prompt Payment of Claims Act, the insured could not recover bad faith or Chapter 541 damages because the insured's damages were predicated on the insured's claim for policy benefits, and there was no evidence of bad faith on the part of the insurer.

homeowner's insurance policy, appraisal, prompt payment of claims act, Chapter 541, bad faith, timely payment, appraisal award

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