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League City v. Texas Windstorm Insurance Association

Citation: Not availableDocket: 01-15-00117-CV

Court: Court of Appeals of Texas; August 7, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In the case between League City and the Texas Windstorm Insurance Association (TWIA), the primary legal issues revolved around breach of contract, violations of the Texas Insurance Code, and breach of the duty of good faith and fair dealing. After Hurricane Ike, League City filed a claim with TWIA, which led to disputes over coverage and compliance with insurance policy terms. The jury found that TWIA breached the insurance policy, violated the Insurance Code, and failed in its duty of good faith, awarding damages to League City. Despite these findings, the trial court ruled in favor of TWIA, disregarding the jury's verdict. League City appealed, arguing that the trial court erred in its judgment and in the submission of jury questions regarding the appraisal award. The appeal also challenged the dismissal of League City's claims under the Insurance Code and sought attorney's fees. The appellate court was tasked with determining whether the trial court properly interpreted the insurance policy and applicable laws, as well as whether League City was entitled to a new trial or judgment in its favor. The outcome of the appeal could significantly impact how insurance claims, particularly those involving policy interpretation and extra-contractual claims, are adjudicated in Texas.

Legal Issues Addressed

Appraisal Award Compliance

Application: The court identified errors in the jury's instruction regarding the appraisal award's compliance with policy terms, which warranted a new trial.

Reasoning: The trial court's instruction misrepresented the policy's unambiguous terms by suggesting that the appraisal award must comply with all policy terms, when in fact, it only needed to comply with the appraisal provisions.

Attorney’s Fees in Insurance Litigation

Application: League City claimed entitlement to attorney's fees due to prevailing on breach of contract and Insurance Code claims.

Reasoning: If a new trial is not granted, League City is entitled to recover attorney’s fees due to prevailing in its breach of contract and Insurance Code claims, as outlined in Texas statutes.

Breach of Contract under Insurance Policies

Application: League City alleged that TWIA breached the insurance policy by failing to comply with the terms and denying coverage, resulting in damages.

Reasoning: The jury found TWIA breached the insurance policy, violated the Insurance Code, and failed in its duty of good faith, awarding damages to League City.

Duty of Good Faith and Fair Dealing

Application: TWIA was found to have breached its duty by not conducting a reasonable investigation or settlement of claims when liability was clear.

Reasoning: An insurer breaches its obligation of good faith and fair dealing by either failing to make a prompt, fair, and equitable settlement of a claim when liability is reasonably clear, or by refusing to pay a claim without a reasonable investigation.

Insurance Code Violations

Application: The court recognized that TWIA's failure to affirm or deny coverage within a reasonable timeframe constituted a violation of the Texas Insurance Code.

Reasoning: The court upheld the jury's finding that TWIA failed to affirm or deny coverage within a reasonable timeframe, constituting an unfair or deceptive act that resulted in damages of $105,778 to League City.