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MacKenzie v. Farmers Texas Mutual Insurance Co.

Court: Tx 5-Dallas  03/30/2022  Court Affirms Summary Judgments for Insurers Arising Out of Car Accident

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.

auto insurance, actual cash value, salvage value, appraisal, direct action, independent injury

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