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Date: 07-24-2023
Case Style:
Case Number: 4:23-cv-00354
Judge: Reed C. O'Connor
Court: United States District Court for the Northern District of Texas (Tarrant County)
Plaintiff's Attorney: avid Cowden and Kirk Claunch
Defendant's Attorney: Orlando Vera, Jr. and Kieran Warren Leary
Description: Fort Worth, Texas insurance law lawyers represented Plaintiff who sued Defendant on a bad faith breach of an insurance contract.
Sure, here is some information about Texas bad faith breach of insurance contract law.
Bad faith breach of insurance contract is a legal theory that allows an insured to recover damages from their insurance company if the insurance company acts unreasonably or in bad faith in denying or delaying a claim.
In Texas, there are two types of bad faith breach of insurance contract claims:
Intentional bad faith: This type of bad faith claim occurs when the insurance company knows that it is denying or delaying a claim that is valid and has no basis for doing so.
Gross negligence bad faith: This type of bad faith claim occurs when the insurance company acts in a way that is so unreasonable that it amounts to gross negligence.
To prove bad faith breach of insurance contract, the insured must show that:
They had a valid insurance policy.
They made a claim under the policy.
The insurance company denied or delayed the claim unreasonably or in bad faith.
The insured suffered damages as a result of the insurance company's actions.
The damages that an insured can recover in a bad faith breach of insurance contract claim can include:
The amount of the claim that was denied or delayed.
Interest on the denied or delayed claim.
Punitive damages.
Punitive damages are damages that are awarded to punish the insurance company for its bad faith actions. Punitive damages are not available in all cases, and the amount of punitive damages that can be awarded is capped in Texas.
If you believe that your insurance company has acted in bad faith, you should consult with an attorney. An attorney can help you understand your legal rights and can represent you in a lawsuit, if necessary.
Here are some additional information about Texas bad faith breach of insurance contract law:
The statute of limitations for bad faith breach of insurance contract claims in Texas is two years. This means that you must file your lawsuit within two years of the date on which the insurance company denied or delayed your claim.
If you are considering filing a bad faith breach of insurance contract claim, you should be aware that it can be a complex and expensive process. You should consult with an attorney to discuss your legal options.
Google Bard
Outcome: 07/24/2023 15 ORDER: Before the Court is the parties' Joint Motion to Abate Pending the Outcome of Appraisal (ECF No. 13 ), filed July 17, 2023. Noting that the motion is filed jointly and that it may promote the efficient resolution of this dispute, the Court finds good cause and hereby GRANTS the motion. This matter is therefore STAYED pending the resolution of the appraisal process. The Clerk is DIRECTED to administratively close this case. During the pendency of the appraisal process, the parties are ORDERED to file joint status reports each quarter, with the first such report due on or before September 30, 2023. Once the appraisal process concludes, the parties SHALL either (1) file appropriate dismissal papers with the Court, or (2) file a motion to reopen the case, depending on which is warranted. (Ordered by Judge Reed C. O'Connor on 7/24/2023) (fba) (Entered: 07/24/2023)
07/24/2023 Administratively closed per ECF 15 Order. (fba) (Entered: 07/24/2023)
Plaintiff's Experts:
Defendant's Experts:
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