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Kee v. Safeco Insurance Co. of Indiana

Court: ND Tx  10/31/2019  Insurer Denied Summary Judgment on Insured's Breach and Prompt Payment Claims, But Prevails on Extra-Contractual Claims

After homeowner insurer paid appraisal award on disputed storm damage claim, it sought summary judgment on insured's claims, but summary judgment was denied on insured's claims for breach of contract and for violations of the Texas Prompt Payment of Claims Act and was granted on insured's extra-contractual claims where insured could not show that there was a loss of policy benefits as a result of insurer's alleged statutory violations.

homeowner's policy, storm claim, breach of contract, prompt payment of claims, TPPCA, estoppel, appraisal award, Texas Insurance Code 541 claims, summary judgment

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