In a recent per curiam decision, the Texas Supreme Court reversed a court of appeals decision holding that an insured’s claims under the Texas Prompt Payment of Claims Act (“TPPCA”) and for statutory and common law bad faith were barred by the payment under a unilateral appraisal clause. Steven Biasatti and Paul Gross d/b/a TopDog Properties v. GuideOne Insurance Company, ___ S.W.3d ___, 2020 WL 1898538, No. 18-0911 (Tex. April 17, 2020).
In TopDog, the insured made a claim for wind and hail damage, which its insurer, GuideOne, denied after two inspections, determined that the value of the
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