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Gateway Plaza Condo v. The Travelers Indemnity Co. of America

Court: ND Tx  12/23/2019  District Court Precludes Insured's Recovery of Attorneys' Fees under Chapter 542A of the Texas Insurance Code

The court found that the insured had the time and ability to provide the requisite pre-suit notice to the insurer and failed to do so, triggering a Chapter 542A provision that allowed the insurer to move to preclude the recovery of attorneys' fees by the insured following the filing of the insurer's motion pertaining to same.

commercial property insurance policy, Chapter 542A, Texas Insurance Code, date of denial, pre-suit notice, impracticable, attorneys' fees

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