Summary
A United States magistrate judge recommends granting State Farm Lloyds’s motion to limit Symonds Flags and Poles, Inc.’s recovery of attorneys’ fees under Texas Insurance Code § 542A.007(d). The recommendation concludes that Symonds’s same-day presuit notice and lawsuit filing were not excused by impracticability under § 542A.003(d), because the evidence did not establish that timely notice was genuinely impossible.
Holdings
- Symonds did not establish that providing the required 61-day presuit notice was impracticable under Texas Insurance Code § 542A.003(d).
- Because Symonds failed to provide timely presuit notice and the notice was not excused as impracticable, the court may not award attorney's fees incurred after May 14, 2025, the date State Farm filed its motion.
Questions Presented
- Whether Symonds's failure to provide presuit notice at least 61 days before filing suit was excused under Texas Insurance Code § 542A.003(d) because it was impracticable to do so.
- Whether, under Texas Insurance Code § 542A.007(d), Symonds may recover attorney's fees incurred after May 14, 2025, the date State Farm filed its motion.
Disposition
other
Cases Cited (10)
- Beaumont Lamar Apartments, LLC v. Wallis Bank, No. 4:23-CV-00341-O, 2023 WL 12035401, at *3 (N.D. Tex. Nov. 8, 2023)(followed)
- H5R, LLC v. Scottsdale Ins. Co., No. 3:23-CV-1197-K, 2023 WL 8244299, at *2 (N.D. Tex. Nov. 28, 2023)(followed)
- Ogboru v. Allstate Vehicle & Prop. Ins. Co., No. 3:24-CV-1705-D, 2025 WL 745868, at *2 (N.D. Tex. Mar. 7, 2025)(followed)
- M Cent. Residences Condo. Ass'n Inc. v. Tech. Ins. Co., Inc., No. 3:23-CV-0640-D, 2023 WL 4089388, at *3 (N.D. Tex. June 20, 2023)(followed)
- Sarwar v. Gen. Star Indem. Co., No. 3:22-CV-0941-G, 2023 WL 36073, at *3 (N.D. Tex. Jan. 3, 2023)(followed)
- Hlavinka Equip. Co. v. Nationwide Agribusiness Ins. Co., 546 F. Supp. 3d 534, 536 (S.D. Tex. 2021)(followed)
- Hosp. Operations, LLC v. Amguard Ins. Comapny, No. 1:19-CV-00482, 2019 WL 11690209, at *2 (E.D. Tex. Dec. 2, 2019)(followed)
- J.P. Columbus Warehousing, Inc. v. United Fire & Cas. Co., No. 5:18-CV-00100, 2019 WL 453378, at *6 (S.D. Tex. Jan. 14, 2019)(followed)
- Townhomes of Heritage Square Homeowner's Ass'n v. Philadelphia Indemnity Insurance Co., No. 4:23-CV-504-SDJ-AGD, 2024 WL 1364761, at *1-*2 (E.D. Tex. Mar. 14, 2024), accepted, 2024 WL 1346919 (E.D. Tex. Mar. 29, 2024)(distinguished)
- Douglass v. United Services Automobile Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…