Where the insured sued before the insurer formally denied coverage or clearly indicated that it would not cover a claim, the court granted summary judgment in favor of the insurer on claims of breach of contract, bad faith, and nearly all statutory violations because they were not yet legally cognizable, granted summary judgment in favor of the insurer on claims of fraud because there was no evidence, and denied summary judgment with respect to the insured’s claim that the insurer violated Texas Insurance Code 541.060(a)(4)(A) because the insurer did not present evidence that it complied with the statutory timeline to accept or deny coverage.
Homeowner’s insurance, breach of contract, Texas Insurance Code violations, DTPA violations, bad faith, fraud, fraud in the sale of an insurance policy, ripeness, motion for summary judgment