Koncak v. American Security Insurance Co.

Court: ND Tx  01/03/2023  Court Holds Chapter 542A's "Specific Amount Alleged to be Owed" Requirement Does Not Require Reasonableness or Proof of Damages

A court of the Northern District of Texas denied an insurer's motion to preclude attorney's fees, holding that Chapter 542A's requirement that a pre-suit notice must include the "specific amount alleged to be owed" only requires a specific dollar amount and does not require proof of damages or reasonableness of any amount alleged in order to satisfy statutory pre-suit notice requirements.

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Texas Insurance Codehomeowner's policyattorneys' feesChapter 542Apre-suit noticefee preclusionSection 542A.003(b)Tex. Ins. Code. Sec. 542A.007Tex. Ins. Code. Sec. 542A.003(b)

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