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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.

homeowners' insurance policy, appraisal, breach of contract, statutory bad faith, common law bad faith, breach of the duty of good faith and fair dealing, Texas Prompt Payment of Claims Act, TPPCA, prompt payment

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