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Texas Windstorm Insurance Association v. Kelly

Court: Tx 9-Beaumont  09/21/2023  Court Reverses Bad Faith Summary Judgment Against TWIA For Failure to Provide Wind-Driven Rain Coverage in Basic Policy Form and Remands to Trial Court

The Court concluded that the Texas Windstorm Insurance Association could meet its statutory obligation to provide wind-driven rain coverage in Windstorm and Hailstorm Insurance policies by making the coverage available through an endorsement that required an additional premium payment and therefore, the TWIA's failure to provide the coverage in its basic policy form did not breach its common-law or statutory duty of good faith and without regard to that issue, the TWIA cannot be liable for common-law or statutory bad faith because the legislature had not authorized such actions.

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