News & Analysis as of

Insurance Industry Appraisal TX Supreme Court

Cozen O'Connor

The End of a "Forever War"?: Texas Supreme Court Answers Certified Question Concerning Appraisal

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In Rodriguez v. Safeco Ins. Co. of Ind. the Texas Supreme Court addressed a key issue concerning appraisal that was dividing lower Texas state courts and Texas federal district courts. The United States Court of Appeal for...more

Zelle  LLP

Menchaca Continues to Preclude Post-Appraisal Liability

Zelle LLP on

In USAA Texas Lloyds Company v. Menchaca, the Texas Supreme Court provided five distinct rules regarding the relationship between claims for an insurance policy breach and Texas Insurance Code violations. Shortly after the...more

Zelle  LLP

So Far, So Right — Menchaca Has Not Changed Appraisal Law

Zelle LLP on

Ten months ago, the Supreme Court of Texas issued an opinion which was predicted by some to change the course of Texas precedent regarding extracontractual liability after timely payment of an appraisal award. Eight months...more

Zelle  LLP

Fixing Problems in the Texas Insurance Appraisal Process

Zelle LLP on

In Scottish Union & National Insurance vs. Clancy, the Supreme Court of Texas held that compliance with an appraisal provision in an insurance policy was a condition precedent to suit and had not been waived by the insurance...more

Zelle  LLP

Why Menchaca Changes Nothing for Appraisal Law

Zelle LLP on

On April 7, 2017, the Supreme Court of Texas issued an opinion that some argue changed the landscape of Texas law regarding extracontractual liability in first-party insurance cases. In USAA Texas Lloyds Co. v. Menchaca, the...more

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