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Rodriguez v. Safeco Insurance Co. of Indiana

Court: ND Tx  10/03/2022  Insurer's Payment of Appraisal Award Plus Interest Bars Insured's Prompt Payment Claims

A court of the Northern District of Texas granted homeowner insurer's motion for summary judgment holding that insurer's payment of appraisal plus estimated penalty interest barred insured's claim for attorney's fees under Tex. Ins. Code Sec. 542A, finding clear legislative intent for Tex. Ins. Code Sec. 542A to limit recovery of attorney's fees despite apparent conflict with Texas Prompt Payment Act.

homeowner's policy, motion for summary judgment, appraisal, breach of contract, prompt payment penalties, attorneys' fees, Chapter 542A, legislative intent

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