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Senechal v. Allstate Property and Casualty Insurance Co.

Court: 5th Cir  02/11/2025  Payment of Appraisal Award and Interest Does Not Bar TPPCA Claims as a Matter of Law

The Fifth Circuit Court of Appeals affirmed district court's holding that homeowners insurer's payment of appraisal award and interest barred the insured's extracontractual claims absent independent injury, but vacated part of the summary judgment by district court holding payment of award and interest barred insured's TPPCA claims, because unlike Chapter 542A, Chapter 542 does not require an award of actual damages nor a judgment for an insured to recover attorney's fees.

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