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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.

commercial general liability insurance policy, judgment creditor, breach of contract, supersedeas bonds, Stowers, motion for attorneys' fees, CPRC 38.001, presentment, reasonable and necessary

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