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H5R, LLC v. Scottsdale Insurance Co.

Court: ND Tx  11/28/2023  Insurer's Motion to Deny Attorney's Fees Under Chapter 542A Granted

A court of the Northern District of Texas granted an insurer's motion to deny Plaintiff's attorney's fees, finding that a text message sent to the insurer and an estimate created by the insurer's third-party adjusting firm did not satisfy the Code's pre-suit notice requirements and holding that the insurer timely pleaded and proved its motion to deny attorney's fees where it had included the denial of fees in its original answer.

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