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12 Texas opinions name it 3 courts 2015–2026 4 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.
| Case | Followed | Cited |
|---|---|---|
Usaa Texas Lloyds Company v. Gail Menchacagreen2 sentences2024Moreover, the supreme court stated in 2018 that a statutory violation that could cause an independent-injury claim would be rare, “and we have yet to encounter one.” Id. at 500 (quoting Mid-Continent Cas. 2023Menchaca, 545 S.W.3d at 500 (“The second aspect of the independent- injury rule is that an insurer’s statutory violation does not permit the insured to recover any damages beyond policy benefits unless the violation causes an injury that is independent from the loss of the benefits.”). | 2 | 6 |
Mid-Continent Casualty Co. v. Eland Energy Inc., egreen1 sentence2024Co. v. Eland Energy, Inc., 709 F.3d 515, 521-22 (5th Cir. 2013) (“The Stoker language [concerning possible independent injuries] has frequently been discussed, but in seventeen years since the decision appeared, no Texas court has yet held that recovery is available for an insurer’s extreme act, causing injury independent of the policy claim . . . )). | 1 | 1 |
City of Houston v. Clear Creek Basin Authoritygreen1 sentence2020P. 166a(c); City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 675 (Tex.1979). 16 The independent-injury rule provides that, when a plaintiff raises claims for both tort—be it misrepresentation or fraud—and breach of contract arising out of the same facts, the plaintiff may recover only in tort on showing that it suffered damages as a result of the alleged tort that were independent of any benefit-of-the-bargain damages resulting from the breach of contract. | 1 | 1 |
Formosa Plastics Corp. USA v. Presidio Engineers and Contractors, Inc.green1 sentence2020See Formosa Plastics Corp. United States, 960 S.W.2d at 47 . | 1 | 1 |
Dsa, Inc. v. Hisdgreen1 sentence2015See D.S.A., Inc., 973 S.W.2d at 663-64 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Twin City Fire Insurance Co. v. Davis
green
2 sentences2018Thus, we held in Twin City that an insured who prevails on a statutory claim cannot recover punitive damages for bad-faith conduct in the absence of independent actual damages arising from that conduct. 904 S.W.2d at 666 ; see also Powell Elec. 2018Thus, we held in Twin City that an insured who prevails on a statutory claim cannot recover punitive damages for bad-faith conduct in the absence of independent actual damages arising from that conduct. 904 S.W.2d at 666 ; see also Powell Elec. | 3 | 2017–2018 |
Transportation Insurance Co. v. Moriel
red
1 sentence2021“If such damages result from an independent injury ‘caused by’ the insurer’s statutory violation, the insured can recover those damages, just as insureds have always been able to recover ‘compensatory damages for the tort of bad faith’ under the common law.” Id. (quoting Moriel, 879 S.W.2d at 17 ). | 1 | 2021–2021 |
Cameron International Corp. v. Liberty Insurance Underwriters, Inc.
green
1 sentence2016Underwriters, Inc. (In re Deepwater Horizon), 807 F.3d 689 (5th Cir. 2015) (dismissed by agreement). - 30 - Garcia mischaracterizes an interlocutory order in Cavazos v. State Farm Lloyds 127 as rejecting the independent-injury rule. 128 Judge Alvarez did not decide the issue in Cavazos; she only noted that the Deepwater Horizon case had been certified.129 But she also noted that the breach of contract claim survived, which impacted the decision. 130 In fact, Judge Alvarez has followed Blum's and the application of the Stoker independent injury exception in other appraisal cases, dismissing ext | 1 | 2016–2016 |
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.