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Townhomes of Heritage Square Homeowner’s Association v. Philadelphia Indemnity Insurance Co.

Court: ED Tx  03/29/2024  Attorney's Fees Precluded Under Chapter 542A

A court of the Eastern District of Texas adopted a magistrate's recommendation to preclude attorney's fees under Chapter 542A, finding that Plaintiff's obligation to provide 61-days' notice was not impracticable because the policy included an addendum stating the statute of limitations runs from the date the cause of action first accrues, despite the insurer's representation through claim correspondence that the statute of limitations would run two years from the date of loss.

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