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Date: 04-12-2023
Case Style:
Case Number: 4:20-cv-03734
Judge: Christina A. Bryan
Court: United States District Court for the Southern District of Texas (Harris County)
Plaintiff's Attorney:
Defendant's Attorney: Catherine L. Hanna for Philadelphia Indemnity Insurance Company
Steven Augustine for CPH & Associates
Description: Houston, Texas civil litigation insurance law lawyer represented Plaintiff who sued Defendants on bad faith breach of an insurance contract.
"Texas law requires insurance companies to act in good faith when dealing with their insureds. This means that the insurance company must:
Investigate claims promptly and thoroughly.
Communicate with the insured in a timely and clear manner.
Make a fair and reasonable decision on whether or not to pay the claim.
If the claim is denied, provide the insured with a written explanation of the reasons for the denial.
If an insurance company breaches its duty of good faith, the insured may be able to sue the insurance company for bad faith. To succeed on a bad faith claim, the insured must prove that the insurance company:
Knew or should have known that its actions were unreasonable.
acted with a conscious disregard for the insured's rights.
caused the insured to suffer actual damages.
The damages that an insured may recover in a bad faith claim include:
The amount of the claim that was denied.
Interest on the amount of the claim that was denied.
Attorney's fees.
Punitive damages, if the court finds that the insurance company's conduct was malicious or reckless.
If you believe that your insurance company has acted in bad faith, you should contact an experienced insurance attorney to discuss your legal options."
Google Bard
Outcome: 04/12/2023 61 STIPULATION of Dismissal Of Plaintiff's Claims against CPH by Janette Hendrex, Recessability, Inc., filed. (Attachments: # 1 Proposed Order Proposed order dismissing CPH)(Bain, Joan M) (Entered: 04/12/2023)
04/12/2023 62 ORDER OF DISMISSAL. Case terminated on 4/12/2023 (Signed by Magistrate Judge Christina A Bryan) Parties notified.(MelissaMorgan, 4) (Entered: 04/12/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: