Month: June 2021

What is left of the “Estoppel by Appraisal” doctrine after the Texas Supreme Court’s decisions in Ortiz, Barbara Tech, and Hinojos? On one hand, Ortiz was a very favorable ruling for insurers, holding that payment of an appraisal award effectively bars bad faith claims, absent the rare case proving “independent injury.” See Oscar Ortiz v. State Farm Lloyds, 589 S.W.3d…

The fundamental principles surrounding litigation of third-party liability claims in Texas have remained fairly constant. Indeed, the Texan nomenclature for a cause of action based on failure to settle derives its name from a case decided in 1929 involving the Stowers...