Wall v. State Farm Lloyds

Court: Tx 1-Houston  12/31/2018  Appellate Court Applies Menchaca, Affirms Trial Court's Judgment in Favor of Insurer on Insurance Code Violation Damages

The court first found that the jury instruction on the question of breach of contract failed to address the timeliness of the insurer's payment, so no error was found. Turning to the insurance code violations, the court applied Menchaca and reconciled the jury's answers such that the damages awarded in connection with the insurance code violations were not recoverable because they were not otherwise available under the policy.

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failure to pay timelybenefits otherwise entitled to receive under the policyinsurance code violationsbreach of contracthomeowners insurance policyhail stormindependent injuryjury instructionapplication of Menchacapayment for damages

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