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When Coverage Disagreements Are Justified: The Bona Fide Dispute Doctrine in Action

In Texas, bad faith claims arising under the Texas Insurance Code or the common law are routinely asserted by plaintiffs in first-party insurance disputes. While these causes of action are frequently pled, mere disagreement...more

The First Houston Court of Appeals Correctly Grants Mandamus Relief to Compel Appraisal After Suit Is Filed

In re SureChoice Underwriters Reciprocal Exch., involved a claim for hail and wind damage to the insured’s (“Glasper”) residence. 702 S.W.3d 876, 878 (Tex. App.—Houston [1st Dist.] 2024, no pet. h.) The carrier (“SureChoice”)...more

Federal Court Correctly Concludes that a Simple Disagreement Between Experts Does Not Support a Claim for the Breach of the Duty...

U.S. District Court Xavier Rodriguez of the United States District Court for the Western District of Texas recently issued a decision granting summary judgment for an insurance carrier in a first-party case involving alleged...more

The Zelle Lonestar Lowdown Issue 20 - December 2024

Welcome to The Zelle Lonestar Lowdown, our monthly newsletter bringing you relevant and up-to-date news concerning Texas first-party property insurance law. Inside this Issue: - Todd Tippett’s Top Ten Consultants an...more

When Are Insurance Code Chapter 542 Penalties Not Owed?

There are a litany of deadlines an insurer must be mindful of, and this is especially true in Texas, which imposes a number of statutorily prescribed deadlines during the claim adjustment process. The Texas Prompt Payment of...more

Morakabian and Rosales Signal a Consensus View on Recovery of Attorneys’ Fees After Appraisal

Chapter 542 of the Texas Insurance Code, also known as the Texas Prompt Payment of Claims Act (“TPPCA”), generally allows an insured to recover interest and attorneys’ fees, in addition to the amount of the insurance claim,...more

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