Defendant's Attorney: Not Available

Description: Houston, Texas insurance law lawyer represented the Plaintiff who sued on common law and statutory bad faith theories.

Joseph Mirelez submitted a claim under his homeowner’s insurance policy with State Farm alleging wind damage to his property. Following disputes about the amount of loss and cost of repair, Mirelez invoked appraisal under the policy. In January 2023, Mirelez’s appraiser and the umpire reached an agreement on the loss amount that did not opine on
coverage. Mirelez and State Farm then continued to disagree as to what was owed under the terms of the policy, resulting in Mirelez filing suit in state court in May 2023. Mirelez alleged breach of contract, violations of the Texas
Prompt Payment of Claims Act (TPPCA, codified under Chapter 542 of the Insurance Code), various bad faith claims under Chapter 541 of the Texas Insurance Code (Unfair Methods of Competition and Unfair or Deceptive Acts or Practices), and breach of the duty of good faith and fair dealing under the common law. State Farm removed the case, asserting diversity
jurisdiction. Shortly thereafter, in July 2023, State Farm tendered the actual cash value amount as provided in the appraisal award, minus the deductible and the prior payment issued to Mirelez, plus what State Farm calculated as
the maximum amount of accrued interest.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: