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Rosales v. Allstate Vehicle & Property Insurance Co.

Court: Tx 5-Dallas  05/16/2023  Court Affirms Denial of Attorneys' Fees in 542A Case

The Dallas Court of Appeals has concluded, along with the majority of federal courts considering the issue, that the Texas Supreme Court's holding in Barbara Technologies that payment of an appraisal award alone does not preclude payment of interest and attorney's fees under the Texas Prompt Payment of Claims Act does not apply when the insured's claim is brought under Chapter 542A and therefore, the trial court properly denied the insured's request for attorney's fees.

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