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Phillips v. American Bankers Insurance Co. of Florida

Court: Tx 1-Houston  07/16/2019  Appellate Court Agrees that Court had Plenary Power to Hear Post-Judgment Motion but Abused its Discretion in Awarding Sanctions for Insured's Failure to Attend an EUO after Case Dismissal

The trial court had dismissed the insured's case for failure to make a written request for appraisal because the lack of appraisal was the basis for the insured's breach of contract claim, and the insurer sought a post-judgment modifcation of the judgment in which it sought recovery of its attorneys' fees as sanctions for the insured's and his attorney's failure to appear at a scheduled examination under oath.

homeowner's insurance policy, Hurricane Harvey, appraisal, Rule of Civil Procedure 91a, motion to dismiss, pre-suit notice requirement, Chapter 542A, Texas Insurance Code, post-judgment motion, motion to modify judgment, examination under oath, sanctions, plenary power, abuse of discretion

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