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Puga v. New York Marine & General Insurance Co.

Court: SD Tx  06/25/2021  District Court Denies Motion for Attorneys' Fees for Failure of Presentment Requirement

The court found that, after prevailing in a third-party liability lawsuit, the judgment creditors overreached by seeking payment of policy benefits and recovery under a supersedeas bond and, in doing so, failed to present a claim under the policy that would have warranted recovery of attorneys' fees under CPRC 38.001.

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