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Ortiz v. State Farm Lloyds

Court: Tx Sup  06/28/2019  Supreme Court Confirms that Payment of an Appraisal Award Bars the Insured's Breach of Contract and Bad Faith Claims but Remands TPPCA Claim

A divided Supreme Court found that an insurer's payment of an appraisal award bars breach of contract claims and statutory and common-law bad faith to the extent that the only actual damages sought are lost policy benefits; however, the Court reversed and remanded the insured's claim for penalties under the Texas Prompt Payment of Claims Act.

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