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Rodriguez v. Ocean Harbor Casualty Insurance Co.

Court: SD Tx  03/22/2021  District Court Affirms Magistrate Grant of Summary Judgment Following Timely Payment of Appraisal Award

The court affirmed summary judgment for the insurer on all contractual and extra-contractual claims where it timely issued payment for an appraisal award, finding that payment of the appraisal award does not establish liability for purposes of breach of contract claims, the insured did not provide evidence injury independent of the policy benefits that it received through payment of the award, and the Prompt Payment of Claims Act does not integrate the appraisal process; therefore, the payment of the award did not retroactively trigger liability under the Act.

property insurance policy, motion for summary judgment, appraisal, breach of contract, timeliness, independent injury, Prompt Payment of Claims Act

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