In this case, the Insurer tendered payment of an appraisal award conditional upon the insured’s release of valid claims against a third party adjuster. The insured rejected tender and took the matter to trial, where a jury found in their favor. The Court of Appeals of the 14th District of Texas then reversed without the benefit and guidance of recent Supreme Court of Texas decisions and found for the insurer. The insured then petitioned the Supreme Court of Texas to hear this case, which was denied. Attached is a dissent to this denial for petition to review written by Justice Jeffrey S. Boyd, detailing why the Supreme Court of Texas should have heard this case to resolve the outstanding issues stemming from recent decisions from the Supreme Court of Texas, and the Respondent’s brief, arguing, among other things, that the insurer should be liable under the Texas Prompt Payment of Claims Act, despite recent Supreme Court rulings that insurers should not be liable, when the insurer tendered an appraisal award conditional upon the release of claims against a third party adjuster.
The dissent and brief can be viewed here: