Barbara Techs. Corp. v. State Farm Lloyds, 04–16–00420–CV
| Court | Court of Appeals of Texas |
| Writing for the Court | Opinion by: Karen Angelini, Justice |
| Citation | 566 S.W.3d 294 |
| Parties | BARBARA TECHNOLOGIES CORPORATION, Appellant v. STATE FARM LLOYDS, Appellee |
| Docket Number | No. 04–16–00420–CV,04–16–00420–CV |
| Decision Date | 19 April 2017 |
566 S.W.3d 294
BARBARA TECHNOLOGIES CORPORATION, Appellant
v.
STATE FARM LLOYDS, Appellee
No. 04–16–00420–CV
Court of Appeals of Texas, San Antonio.
Delivered and Filed: April 19, 2017
Peter M. Kelly, Kelly, Durham & Pittard, LLP, 1005 Heights Boulevard, Houston, TX 77008, Jeffrey L. Raizner, Amy Hargis, Andrew Slania, Raizner Slania LLP, 2402 Dunlavy Street, Houston, TX 77006, Thad D. Spalding, Kelly, Durham & Pittard, LLP, P.O. Box 224626, Dallas, TX 75222, for Appellant.
Maxwell Micah Kessler, Nistico, Crouch & Kessler, PC, 1900 West Loop South, Suite 800, Houston, TX 77027-3216, for Appellee.
Sitting: Karen Angelini, Justice, Luz Elena D. Chapa, Justice, Irene Rios, Justice
MEMORANDUM OPINION
Opinion by: Karen Angelini, Justice
Barbara Technologies Corporation challenges the trial court's take-nothing judgment on its claim against State Farm Lloyds under chapter 542 of the Texas Insurance Code. We affirm.
BACKGROUND
Barbara Technologies contracted with State Farm to provide property insurance for commercial property located in San Antonio, Texas. On March 31, 2013, the property sustained hail and wind damage in a storm. On October 17, 2013, Barbara Technologies reported its claim to State Farm. On October 31, 2013, State Farm inspected the property. On November 4, 2013, State Farm sent Barbara Technologies a letter stating the property had sustained covered damage in the amount of $3,153.57, but no payment could be made at the time because the loss was less than the $5,000.00 deductible. On February 21, 2014, Barbara Technologies requested a re-inspection of the damage. On March 4, 2014, State Farm conducted another inspection. On March 5, 2014, State Farm sent Barbara Technologies a letter stating that State Farm had found no additional damage, and State Farm's initial decision regarding the claim remained unchanged.
On July 14, 2014, Barbara Technologies filed suit against State Farm. The suit alleged, among other things, that State Farm had violated chapter 542 of the Texas Insurance Code, commonly referred to as the Texas Prompt Payment of Claims Act (TPPCA). Under the TPPCA, an insurer is required to pay damages with interest and attorney's fees if it delays payment of a claim for longer than sixty days. TEX. INS. CODE ANN. §§ 542.058(a), 542.060 (West 2009 & Supp. 2016).
On January 9, 2015, State Farm invoked the appraisal provision in the insurance policy.1 On August 18, 2015, the appraisal panel completed the appraisal and issued an award setting the amount of loss at
$195,345.63. On August 25, 2015, State Farm tendered payment in accordance with the appraisal award, minus depreciation and the deductible, to Barbara Technologies. Barbara Technologies accepted payment and amended its suit to delete all of its claims against State Farm...
To continue reading
Request your trial
-
Barbara Techs. Corp. v. State Farm Lloyds, NO. 17-0640
...held that a "plaintiff could not sustain a claim under the TPPCA when it [is] undisputed that the insurer had paid the appraisal award." 566 S.W.3d 294, 296 (Tex. App.—San Antonio 2017, pet. granted) (mem. op.).Specifically, the court of appeals relied on its own precedent, Garcia v. State ......
-
Bryant v. Brazos Kidney Disease Ctr., NO. 14-19-00024-CV
..."alteration and fabrication of medical records" are not health care liability claims subject to the TMLA's expert report requirements." 566 S.W.3d at 294 (citing Benson, 303 S.W.3d at 759). In Benson, the Waco Court of Appeals stated simply that alteration and fabrication of medical records......
-
Weems v. Baylor, Scott & White, Hillcrest Med. Ctr., No. 06-17-00018-CV
...According to Weems, this false report was used to criminally charge him for the attempted murder of Bradshaw. After concluding that Weems 566 S.W.3d 294was asserting a health care liability claim, the trial court dismissed it on the ground that Weems had failed to file an expert report. See......
-
Barbara Techs. Corp. v. State Farm Lloyds, NO. 17-0640
...held that a "plaintiff could not sustain a claim under the TPPCA when it [is] undisputed that the insurer had paid the appraisal award." 566 S.W.3d 294, 296 (Tex. App.—San Antonio 2017, pet. granted) (mem. op.).Specifically, the court of appeals relied on its own precedent, Garcia v. State ......
-
Bryant v. Brazos Kidney Disease Ctr., NO. 14-19-00024-CV
..."alteration and fabrication of medical records" are not health care liability claims subject to the TMLA's expert report requirements." 566 S.W.3d at 294 (citing Benson, 303 S.W.3d at 759). In Benson, the Waco Court of Appeals stated simply that alteration and fabrication of medical records......
-
Weems v. Baylor, Scott & White, Hillcrest Med. Ctr., No. 06-17-00018-CV
...According to Weems, this false report was used to criminally charge him for the attempted murder of Bradshaw. After concluding that Weems 566 S.W.3d 294was asserting a health care liability claim, the trial court dismissed it on the ground that Weems had failed to file an expert report. See......