This topic will focus on the recent Texas Supreme Court opinion in USAA Texas Lloyds Company v. Menchaca, describing its ruling as clarifying much of the confusion that has existed among the courts in Texas with respect to whether, absent a finding the insured had a contractual right to policy benefits, the insured can recover actual damages caused by an insurer’s violation of the Texas Insurance Code. Our presenter will also discuss the five “distinct but interrelated rules” set forth by the Court that govern the relationship between contractual and extracontractual claims at least in the first party insurance context, focusing also on what the term “actual damages” means.
Presenters:
R. Brent Cooper
Shareholder
Presentation:
Viability of Statutory Extracontractual Claims in Absence of Coverage
TDI CE: Provider #32551
This course has been approved by the Texas Department of Insurance in the amount of 1.0 general credit hour. Cooper & Scully, P.C. is a Texas Department of Insurance registered provider.
Texas MCLE:
This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 general credit hour.