Texas Panel Revives Homeowner's Bad Faith, Breach Claims For Hurricane Damage

Texas Panel Revives Homeowner's Bad Faith, Breach Claims For Hurricane Damage

HOUSTON - Even though a mortgagee is the sole named insured on a force-placed homeowners insurance policy, a Texas appeals panel majority on April 19 found that a policy endorsement "includes provisions directly benefitting" the homeowner, which conferred third-party beneficiary status on him and gave him standing to directly pursue claims against the insurer (Javier Alvarado v. Lexington Insurance Co., No. 01-10-00740-CV, Texas App., 1st Dist.; 2012 Tex. App. LEXIS 3024).

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