[DOWNLOAD] "Tectonic Realty Investment Company v. Cna Lloyds Texas Insurance Company" by Fifth District, Dallas Court of Appeals of Texas * Book PDF Kindle ePub Free

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eBook details

• Title: Tectonic Realty Investment Company v. Cna Lloyds Texas Insurance Company
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 27, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 85 KB

Description

This is a statute of limitations case. The lawsuit arose from a dispute over payment of insurance proceeds. Tectonic Realty Investment Company (TRICO) owned an interest in a condominium apartment project in Dallas. CNA Lloyds of Texas Insurance Company (CNA) was the casualty insurance carrier for the project. The condos burned. CNA refused to pay for the entire loss until after TRICO met conditions not mentioned in the insurance policy. More than two years later, TRICO sued CNA for breach of its statutory duty under Texas Insurance Code article 21.21 and for breach of its common law duty of good faith and fair dealing. See Arnold v. National County Mut. Fire Ins. Co., 725 S.W.2d 165, 168 (Tex. 1987). The trial court ruled that the statute of limitations had run on all of TRICOs causes of action, and it awarded CNA summary judgment. On appeal, TRICO argues that limitations had not expired at the time it filed its claims. We determine that limitations had expired on TRICOs common law bad faith claim but that limitations do not bar the statutory claim under article 21.21. Consequently, we reverse and remand.

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