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Martinez v. Allstate Vehicle and Property Insurance Co.

Court: SD Tx  11/20/2020  Southern District Denies Insurer's Motion for Summary Judgment in Post-Appraisal Dispute

The court found that the insurer's arguments all lacked merit because the insurer's attempt to settle the insured's Prompt Payment of Claims Act claim was not a mutual agreement to settle the claim. Moreover, the appraisal award and affidavit of the insured's appraiser were evidence of coverage under the policy that could not be defeated on summary judgment.

homeowners' insurance policy, weather damage, appraisal, appraisal award, Prompt Payment of Claims Act, Barbara Technologies, penalty interest, attorneys' fees, coverage, summary judgment, Tex. Ins. Code 542A, FRCP 68

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