Progressive County Mutual Insurance Co. v. Koetter
Court
Tx 3-Austin
Publish Date
12/31/2024
A Texas appellate court reversed and remanded a trial court’s order certifying a class of PIP claimants, holding that although the class’s claim that the insurer is liable for failing to accept the claim, reject the claim, or request more information within fifteen business days under Texas Ins. Code Sec. 542.056 is not legally baseless, the certification order is improper because it failed to address legal disputes regarding elements of the claimants’ claims and failed to properly address the predominance requirement for class certification.
auto policy, personal injury protection, class action, class certification, Tex. Ins. Code Sec. 542.056, Tex. Ins. Code Sec. 542.058, Tex. Ins. Code Sec. 1952.156, Texas Prompt Payment of Claims Act, 15 business days