February 2019 Newsletter - TX Supreme Court set to hear two post appraisal summary judgment cases
We’ve all seen the classic Texas insurance policy lawsuits. The ones that allege a plethora of contractual and extracontractual claims and seemingly pop up out of nowhere. In reality, these suits are not about justice. They are about lining the pockets of plaintiffs’ counsel. Our firm has a wealth of experience in fighting – and beating – these lawsuits. Our approach is simple: (1) invoke appraisal; (2) pay the award; and (3) move for summary judgment—which should be granted. This approach is well grounded in a long line of Federal District Court, Texas Court of Appeals, and 5th Circuit Court of Appeals authority—but so far, the Texas Supreme Court hasn’t weighed in. This will soon change. The Court is set to hear oral argument in two post appraisal summary judgment cases. The attached newsletter provides an update on this crucial area of the law for Texas insurers. Be on the lookout for additional updates from us after the Court hears oral argument, and after a decision is rendered.