Montoya v. State Farm Mutual Automobile Insurance Co.

Court: Tx 4-San Antonio  06/29/2018  Court of Appeals Grants Motion to Clarify Prior Ruling on Stowers Claim but Denies Motion to Reconsider Ruling that no Stowers Claim Existed

The court of appeals clarified that its prior ruling dismissed all claims against the insurer except the breach of contract claim. Additionally, the court refused to reconsider its conclusion that a Stowers claim did not exist because no Stowers demand ever was made, and the claimants provided no facts showing the insurer's settlement of another claim was unreasonable.

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Deceptive Trade Practices ActstandingTexas Insurance CodeStowerscovenant not to executejudgmentextra-contractual claimscontractual claimsdemand within policy limitsbreach of duty of good faith and fair dealingAutomobile liability insurance policyjudgment on the pleadings

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