Lyda Swinerton Builders, Inc. v. Oklahoma Surety Co.

Court: 5th Cir  08/29/2018  Fifth Circuit Issues New Opinion on Rehearing and Broadens "Bad Faith" Damages Available to Insured following Menchaca

Court finds that an insurer who violates the Prompt Payment of Claims Act may be liable under Chapter 541 and, therefore, penalty interest may accrue on the insured's actual damages--defense costs--which might also be trebled.

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written contractprompt payment of claims actexecuted contractcommercial general liability policyinsured contractdefense costslogical inferenceindependent injuryanti-stacking ruleproperty damageentitled-to-benefits rulechapter 541penalty interestaccrualduring the policy periodduty to defendtreble damagesadditional insuredMenchacaeight corners rule

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