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Texas Windstorm Insurance Association v. Kelly

Court: Tx 9-Beaumont  10/19/2023  Substituted Opinion Again Finds that TWIA Can Provide Wind-Driven Rain Coverage By Endorsement

The Court found that the Texas Windstorm Insurance Association did not violate the law by providing wind-driven rain coverage by endorsement and charging an additional premium for the additional risk even if the legislature has mandated such coverage and further found that based on the language of the Insurance Code claimants under such policies are prohibited from seeking damages for common law or statutory bad faith against the Association.

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