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Meisenheimer v. Safeco Insurance Company of Indiana

Court: ND Tx  08/15/2018  Property Insurer Granted Summary Judgment on All Claims after Appraisal

A court of the Northern District of Texas awarded property insurer summary judgment on all of insured's claims, finding that insurer's tender of appraisal award barred insured's breach of contract claim, that there was no evidence of an "extreme act" to support insured's claim for breach of the duty of good faith and fair dealing, there was no evidence of independent injury to support the insured's claims for violations of Texas Insurance Code and the DTPA, and no violation of the Texas Prompt Payment of Claims Act where the insurer paid the appraisal award within five (5) business days.

property insurance policy, appraisal, tender of appraisal award, breach of contract, duty of good faith and fair dealing, Texas Insurance Code claims, DTPA, extreme act, independent injury, prompt payment of claims

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