unfair claim (Texas) · Go Syfert
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unfair claim in Texas

16 Texas opinions name it 2 courts 1988–2025 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Waite Hill Services, Inc. v. World Class Metal Works, Inc.green
tex · 1998 · cited in 3 Texas opinions naming this issue, 2014–2019
2 sentences

2019Waite Hill Servs, Inc. v. World Class Metal Works, Inc., 959 S.W.2d 182, 185 (Tex. 1998); USAA Tex. Lloyd’s Co. v. Griffith, No. 13-17-00337-CV, 2019 WL 2611015 , at *8 (Tex. App.—Corpus Christi–Edinburg June 26, 2019, no pet.) (mem. op.); see Barbara Techs., 2019 WL 2710089 , at *14.

2019Waite Hill Servs, Inc. v. World Class Metal Works, Inc., 959 S.W.2d 182, 185 (Tex. 1998); USAA Tex. Lloyd’s Co. v. Griffith, No. 13-17-00337-CV, 2019 WL 2611015 , at *8 (Tex. App.—Corpus Christi–Edinburg June 26, 2019, no pet.) (mem. op.); see Barbara Techs., 2019 WL 2710089 , at *14.

33
Allstate Insurance Co. v. Watsongreen
tex · 1994 · cited in 5 Texas opinions naming this issue, 1994–2013
2 sentences

2013Id. at 149-50 (emphasis removed).

1996Watson, 876 S.W.2d at 149 (emphasis in original).

25
Chitsey v. National Lloyds Insurance Co.green
tex · 1987 · cited in 2 Texas opinions naming this issue, 1988–1994
2 sentences

1994Unfair claim settlement practices means committing or performing with such frequency as to indicate a general business practice any of the following: ... (15) Refusing to pay claims without conducting a reasonable investigation based upon all available information." See Chitsey, 738 S.W.2d at 643 . [**] Editor's Note: The court's June 30, 1993 opinion was withdrawn and substituted by the Feb. 9, 1994 opinion on motion for rehearing.

1994Unfair claim settlement practices means committing or performing with such frequency as to indicate a general business practice any of the following: ... (15) Refusing to pay claims without conducting a reasonable investigation based upon all available information." See Chitsey, 738 S.W.2d at 643 .

12
In Re COSgreen
tex · 1999 · cited in 1 Texas opinions naming this issue, 2025–2025
1 sentence

2025See C.O.S., 988 S.W.2d 760, 765 (“[O]ne should not be permitted to waive, consent to, or neglect to complain about an error at trial and then surprise his or her opponent on appeal by stating a complaint for the first time.” (cleaned up)).

11
United National Insurance Company v. AMJ Investments, LLCgreen
texapp · 2014 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015Co. v. AMJ Investments, LLC, 447 S.W.3d 1, 11 (Tex. App.— Houston [14th Dist.] 2014, pet. dism’d) (“If a property insurer fails to pay the full amount of the claim as a result of an unfair claim-settlement practice under the Insurance Code, the insured may elect to recover its damages under either a breach-of-contract or a statutory-violation theory.”). 46634_1 5 This case began in the court of appeals in February 2014.

11
Hines v. Hashgreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1994–1994
1 sentence

1994The concurring and dissenting opinion by Justice Doggett joined by Justice Spector filed Oct. 6, 1993 stands as delivered and is published herein. [1] "Every case deserves our prompt and careful attention whether the party seeking review in this court is a homeowner like Dutch Hines, a rape victim like Andrea Delaney, or a business, large or small." Hines v. Hash, 843 S.W.2d 464, 470 (Tex.1992) (Doggett, J., concurring). [2] Not only was this question proper under Brown , but it is also consistent with the rules governing broad-form submission.

11
Commonwealth Lloyds Insurance Co. v. Downsgreen
texapp · 1993 · cited in 1 Texas opinions naming this issue, 1993–1993
1 sentence

1993See Commonwealth Lloyds Insurance Co. v. Downs, No. 853 S.W.2d 104 (Tex.App.-Fort Worth n.w.h.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Vail v. Texas Farm Bureau Mutual Insurance Co. green
tex · 1988
1 sentence

2016“If a property insurer fails to pay the full amount of the claim as a result of an unfair claim-settlement practice under the Insurance Code, the insured may elect to recover its damages under either a breach-of-contract or a statutory-violation theory.” Id.

12016–2016
in Re Commitment of Michael Bohannan green
tex · 2012
1 sentence

2015In re Bohannan, 388 S.W.3d 296 .

12015–2015
Transport Insurance Co. v. Faircloth green
texapp · 1993
2 sentences

1994Co. v. Faircloth, 861 S.W.2d 926 (Tex.App.—Beaumont 1993, writ requested), the court of appeals held that a third-party claimant had standing under art. 21.21 to sue an insurer based on both listed and unlisted violations of section 17.46 of the DTPA, and the unfair claim settlement practice definition contained in art. 21.21-2.

1994Co. v. Faircloth, 861 S.W.2d 926 (Tex.App.—Beaumont 1993, writ requested), the court of appeals held that a third-party claimant had standing under art. 21.21 to sue an insurer based on both listed and unlisted violations of section 17.46 of the DTPA, and the unfair claim settlement practice definition contained in art. 21.21-2.

11994–1994
Watson v. Allstate Insurance Co. green
texapp · 1992
1 sentence

1993Co., 828 S.W.2d 423 (Tex.App.—Fort Worth 1991, writ granted), which specifically reserved judgment on whether the claim must be abated until judgment against the insured has been obtained.

11993–1993

Statutes the citing opinions construe

TX § Tex. Ins. Code § 542.058 (4) TX § Tex. Ins. Code § 541.060 (3) TX § Tex. Ins. Code § 541.152 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 30 (1985–2003) CA 27 (1952–2025) TX 16 (1988–2025) IL 12 (1974–2026) MA 10 (1983–2023) NY 8 (1894–2024) NC 6 (1915–2007) WV 5 (1981–2021) MD 5 (1977–2025) ND 4 (1991–2004) OK 3 (1997–2020) AZ 2 (2009–2009) WA 2 (1990–2020) AL 2 (1984–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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