Menchaca Continues To Preclude Post-Appraisal Liability

By Crystal Vogt and Bennett Moss (July 25, 2018, 4:00 PM EDT) -- In USAA Texas Lloyds Company v. Menchaca,[1] the Texas Supreme Court provided five distinct rules regarding the relationship between claims for an insurance policy breach and Texas Insurance Code violations. Shortly after the opinion was released, Zelle LLP published an article stating why the decision would change nothing with respect to appraisal law.[2] In short, the article concluded that Menchaca had no effect on the general rule that extracontractual claims do not survive the failure of a breach of contract claim unless the insured can prove an "independent injury" beyond the denial of policy benefits.[3]...

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