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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.

homeowner's insurance policy, hail storm, breach of contract, jury instruction, payment for damages, failure to pay timely, insurance code violations, application of Menchaca, "independent injury", benefits otherwise entitled to receive under the policy

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