Tuesday, April 12, 2016

You Have to Give the Carrier an Opportunity to do the Right (or Wrong) Thing

Originally published by Patrick McGinnis.

Lawyers practicing in Texas know that the Texas Insurance Code and the DTPA statute have notice provisions, which require the policyholder to provide a sixty-day written notice to the carrier setting out the complaint and the amount of damages. I have previously blogged on these statutes.1
Before a policyholder files a lawsuit against a carrier, the 60-day notice letter must be sent to give the carrier an opportunity to resolve the claim with the policyholder before suit is filed. If suit is filed before the sixty day period has run, the court will abate the case for sixty days after the policyholder provides the carrier with a 60-day letter. Therefore, the statutes require the policyholder to give the carrier the opportunity to do the right (or wrong) thing before suit is filed. However, Fregoso v. State Farm Lloyds,2 out of the Southern District of Texas, points out that the policyholder must give the carrier an opportunity to do the right (or wrong) thing even before the 60-day…


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