Five Justices of a Texas Appellate Court dissented from the court of appeals' denial of en banc reconsideration of an opinion that affirmed a trial court's granting of summary judgment where the insurer paid the actual cash value of an appraisal award months after the award was final and four months after being sued, noting that the insurer's behavior "has earned a closer look" and that the case presents circumstances unique from those the Texas Supreme Court has faced in the past because the panel's opinion "creates incentives counter to the Supreme Court's expressed policy considerations."
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