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Progressive County Mutual Insurance Co. v. Koetter

Court: Tx 3-Austin  12/31/2024  Appellate Court Reverses and Remands Order Certifying Class of PIP Claimants Seeking PPCA Remedies

A Texas appellate court reversed and remanded a trial court's order certifying a class of PIP claimants, holding that although the class's claim that the insurer is liable for failing to accept the claim, reject the claim, or request more information within fifteen business days under Texas Ins. Code Sec. 542.056 is not legally baseless, the certification order is improper because it failed to address legal disputes regarding elements of the claimants' claims and failed to properly address the predominance requirement for class certification.

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