Phillips v. American Bankers Insurance Co. of Florida
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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