Breach of Good Faith, Fair Dealing Claim to Proceed to Trial in Texas Windstorm Damage Case

SHERMAN, Texas — A Texas federal judge has denied an insurer summary judgment on a breach of duty of good faith and fair dealing in a hail/wind property damage case, finding a question of fact exists as to whether the insurer reasonably adjusted the claim.

However, in a Feb. 26 order, Judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas dismissed the plaintiff’s unfair settlement practices claim, finding he did not sustain extracontractual damages.

Kim Gill’s home was damaged by a wind and hail storm on May 15, 2013. David Rodriguez, an independent adjuster assigned …