Cases

Mallady v. Homeowners of America Insurance Co.

Court

Tx 1-Houston

Publish Date

08/07/2025
In a first-party dispute arising out of property damage to the Insured’s home from a nearby explosion, the Court of Appeals affirmed in part and reversed in part the summary judgment in favor of the insured, holding in part that: 1) trial court did not abuse its discretion in setting aside a corrected umpire’s award; 2) insured’s mental health damages did not constitute an independent injury; and 3) insurer was not entitled to an examination under oath of insured’s appraiser.
homeowners’ policy, property damage, umpire’s award, mental health damages, examination under oath, independent injury, mental health damages