The First Court of Appeals in Houston affirmed an analysis that involved math and application of the Texas Insurance Code. In Jones v. Allstate Vehicle & Property Insurance Company, 2022 Tex. App. LEXIS 8896 (Tex. App.—Houston [1st Dist.] Dec. 6, 2022, no pet.), the policyholder appealed a take-nothing judgment in favor of the insurer in a dispute over a partial denial of a homeowners claim. The policyholder sued her insurer for breach of contract, violation of the Texas Insurance Code, and breach of the duty of good faith and fair dealing. At trial, the jury found that the insurer failed to comply with the policy, engaged in unfair and deceptive trade practices, and failed to comply with the duty of…
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About The Property Insurance Law Observer
For more than four decades, Cozen O’Connor has represented all types of property insurers in jurisdictions throughout the United States, and it is dedicated to keeping its clients abreast of developments that impact the insurance industry. The Property Insurance Law Observer will survey court decisions, enacted or proposed legislation, and regulatory activities from all 50 states. We will also include commentary on current issues and developing trends of interest to first-party insurers.
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Recent Posts
- Court Says Builder’s Risk Policy Limited Coverage for Additional Insureds
- What’s in a Name (Insured)? Pennsylvania Federal Court Holds Homeowners’ Insurance Policy’s Requirement to Submit to Examination Under Oath Applies Only to Named Insured
- Court Differentiates Vandalism from Theft in First Party Insurance Policy
- Court Finds No Coverage for Loss Caused by Water Back Up Through a Storm Drain
- Court Finds Policy Term, “Windstorm,” to be Ambiguous in Coverage Dispute Involving Tornado
- Court Issues First LEG3 Defects Exclusion Decision
- There’s No Place Like Home! Kansas Federal Court Holds Homeowner’s Policy Coverage Requires Policyholder to Physically Reside at Residence
- Southern District of Texas Holds that Appraisal Award is Inconclusive of Whether a Loss is Covered
- Florida Enacts Broad Insurance Reforms Focusing on Bad Faith
- Louisiana Supreme Court Reverses a Rare State Court of Appeals Win for COVID-19 Business Interruption Claimant
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Topics
- Act of Nature
- Actual Cash Value
- Additional Insureds
- All Risk
- Ambiguity
- Anti-Concurrent Causation
- Arbitration and Appraisal
- Arson and Fraud
- Assignment of Benefits
- Bad Faith
- Builders' Risk
- Burden of Proof
- Business Interuption
- Cancellation
- Catastrophes
- Causation
- Causes of Loss
- Acts or Decisions
- Arson
- Collapse
- Contamination
- Corrosion
- Cyber
- Decomposition
- Earth Movement
- Earthquake
- Explosion
- Faulty Workmanship or Design
- Fire
- Flood
- Freezing
- Hailstorm
- Hidden Decay
- Hurricane
- Inherent Vice and Latent Defect
- Mechanical Breakdown
- Microorganisma
- Microorganisms
- Mold
- Mudslide
- Odors
- Order of Civil Authority
- Ordinance or Law
- Particulates
- Pollution
- Product Recall
- Seepage or Leakage
- Settling or Cracking
- Sewer Backup
- Sinkhole
- Smoke and Soot
- Subsidence
- Terrorism
- Theft or Dishonesty
- Tornado
- Vacancy and Unoccupancy
- Vandalism
- Water
- Wear and Tear
- Wildfire
- Windstorm
- Claim Investigation
- Co-Insureds
- Conditions
- Contamination and Product Recall
- Cooperation
- Coverage
- Cyber Insurance
- Deductible
- Depreciation
- Direct Physical Loss or Damage
- Discovery
- Duty
- Earthquake Insurance
- Efficient Proximate Cause
- Ensuing Loss
- Examinations Under Oath
- Exclusions
- Experts
- Extra Expense
- Federal Appeals
- Flood Insurance
- Fortuity
- Fraud
- Fraud and False Swearing
- Green Insurance
- Homeowners Coverage
- Increase in Hazard
- Inspection
- Insurable Interest
- Insured Premises
- Investigation
- Loss Adjustment
- Loss Payees
- Marine
- Moral Hazard
- Mortgagees
- Newly-Acquired Property
- Notice
- Occurrence
- Prejudice
- Premiums
- Preservation and Protection
- Privilege
- Proof of Loss
- Property Insurance Reform
- Protective Safeguards
- Public Adjusters
- Reasonable Expectations
- Regulation
- Reinstatement
- Reinsurance
- Replacement Cost
- Rescission
- Reserves
- Spoliation
- Sue and Labor
- Suit Limitation
- Terrorism Insurance
- Trigger
- U.S. Legal System
- Uncategorized
- Unfair Insurance Practices
- Vacant or Unoccupied
- Valuation
- Waiver
- Water
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