Originally published by Patrick McGinnis.
In August I wrote a blog called Rethinking the Sixty-Day Notice Letter in Texas. My blog had two points: (1) To encourage policyholders to send out the sixty-day notice as early in the process as possible so that if a lawyer must be hired the lawyer doesn’t have to waste sixty days waiting on the insurance company not to settle in response to the sixty-day notice letter. (2) To encourage lawyers writing sixty-day notice letters to say less and mean more. The other day I was reading In Re Cypress Texas Lloyds1 again and thought I should redux the blog with some key quotes from the Cypress Lloyds case.
In Cypress Lloyds the policyholder was Martinez, whose home was damaged by Hurricane Dolly on July 23, 2008. She filed a claim with Cypress Lloyds, which paid her about $4,329.53. According to Martinez this was not full payment of the damages she claimed were incurred. The opinion does not say when Martinez filed suit, but apparently it was near the two-year anniversary of Hurricane…
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