The Dallas Court of Appeals found that the insured's decision to retain his vehicle after his auto insurer paid the appraisal award estopped him from asserting a breach of contract claim against the insurer and he had not established any independent injury that would allow him to maintain a bad faith action in the absence of a breach of contract nor could he maintain a cause of action against the alleged tortfeasor's auto insurer as Texas is not a direct action state.
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