Second Court of Appeals

Week of July 3, 2023 

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of July 3, 2023.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

 

Kester v. State Farm Lloyds, No. 02-22-00267-CV (July 6, 2023) (Kerr, J., joined by Sudderth, C.J., and Womack, J.).

Held: Under the plain language of Texas Insurance Code Chapter 542A—which applies to a first-party claim “made by an insured under an insurance policy providing coverage for real property” that “arises from damage to or loss of covered property caused . . . by forces of nature,” including hail, wind, or a rainstorm—an insurer’s payment of the appraisal award and all statutory interest owed to the insured extinguishes the insured’s claim under the Texas Prompt Payment of Claims Act, including any claim for attorney’s fees under the Act.