Insurance Law Cutting Out Attorney Fees Perplexes Texas Supreme Court
Insurance Law Cutting Out attorney Fees Perplexes Texas Supreme Court | Texas Lawyer

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Attorneys Melissa Wray and Mark Tillman argue Rodriguez v. Safeco Ins. before the Texas Supreme Court. Credit: SCOTx video archive.
In examining the 2017 Texas Prompt Payment and Claims Act, the Fifth Circuit decided it could not interpret the law and asked the Supreme Court to weigh in on the issue.
October 05, 2023 at 03:42 PM
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What You Need to Know
- The Texas Supreme Court is being asked to make a rule that could eliminate attorney fees in certain property insurance claims.
- Oral argument was heard on a certified question from the U.S. Fifth Circuit about a 2017 amendment to the Texas Insurance Code.
- Questioning focused on the lack of guidance in the statute as to when or if attorney fees are eliminated.
The Texas Supreme Court justices responding to a federal appellate certified question appeared perplexed about the lack of guidance on how or if attorneys could get paid on property-damage insurance claims.
The justices heard oral argument this week on Rodriguez v. Safeco Ins. Co. of Indiana, a case that came to them from the U.S. Court of Appeals for the Fifth Circuit. A federal trial court granted the insurer summary judgment and the homeowner appealed.
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