Roberto Lazos v. State Farm Lloyds

Roberto Lazos v. State Farm Lloyds

Under controlling Texas Supreme Court precedent (Barbara Technologies and Ortiz), an insurer’s payment of an appraisal award does not automatically bar an insured’s claim under Chapter 542 (TPPCA); therefore the court of appeals’ judgment was reversed and the case remanded for the trial court to consider the TPPCA claim in light of those decisions.

Citation
Roberto Lazos v. State Farm Lloyds
Parties
Petitioner/insured: Roberto Lazos; Respondent/insurer: State Farm Lloyds
Court
Texas Supreme Court
Jurisdiction
United States
Judgment Date
17 April 2020
Case Number
18-0205
Procedural Posture
Petition for Review (insurance Dispute Under the Texas Prompt Payment of Claims Act) / Supreme Court Review; Decision Reversing Court of Appeals and Remanding to Trial Court
Outcome
Reversed and remanded to the trial court.
Legal Topics
Appraisal, Prompt Payment of Claims Act (tppca), Summary Judgment, Statutory Interest, Preclusion by Payment
Source Language
English
Insurance Law Contract Law Civil Procedure Statutory Interpretation Appraisal Prompt Payment of Claims Act (tppca) Summary Judgment Statutory Interest +1 more

Case Brief

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Parties

Roberto Lazos

Petitioner/insured

State Farm Lloyds

Respondent/insurer

Procedural Posture

Petition for Review (insurance Dispute Under the Texas Prompt Payment of Claims Act) / Supreme Court Review; Decision Reversing Court of Appeals and Remanding to Trial Court

Legal Issues

  1. 1 Whether an insurer’s payment of an appraisal award bars an insured’s claim under the Texas Prompt Payment of Claims Act (Chapter 542)
  2. 2 Whether payment in accordance with an appraisal constitutes an acknowledgment or determination of liability for TPPCA damages
  3. 3 Whether the insured preserved a TPPCA claim despite not expressly pleading it

Ratio Decidendi

Under controlling Texas Supreme Court precedent (Barbara Technologies and Ortiz), an insurer’s payment of an appraisal award does not automatically bar an insured’s claim under Chapter 542 (TPPCA); therefore the court of appeals’ judgment was reversed and the case remanded for the trial court to consider the TPPCA claim in light of those decisions.

Court Disposition

Reversed and remanded to the trial court.

Orders

  • Reverse the judgment of the court of appeals.
  • Remand to the trial court to consider the insured's Chapter 542 (TPPCA) claim in light of Barbara Technologies and Ortiz.