Mostyn Law Firm announces that the Texas appeals court rules that notice provided by plaintiff was sufficient and that no further abatement and delay of the case is required.
On Wednesday, August 27th, the Court of Appeals for the Thirteenth District of Texas denied State Farm Lloyds’ request to abate the insurance dispute after finding notice given to State Farm Lloyds was sufficient to meet requirements by the Texas Insurance Code. According to court records in Cause No. 13-14-00347-CV State Farm Lloyds’ filed the writ of mandamus with the appeals court contending that the trial court erred in not abating the case, arguing that they were not provided timely pre-suit notice and that the notice sent failed to meet standards laid out in the Texas Insurance Code.
The opinion, written by Justice Nora Longoria, states that, “While relators contend that the damages and attorney’s fees must be separately itemized, they cite no authority in support of this proposition, and the plain language of the statute indicates otherwise. Thus, the notice provided by Trigo met the threshold requirements of the Texas Insurance Code.” The opinion went on to say, “Because more than sixty days have passed since notice was provided, no further abatement is required.”
This opinion prevents an additional 60-day delay on a case that stems from damage suffered more than two years prior from a hailstorm on April 20, 2012 that damaged the property of the policyholder, represented by Mostyn Law Firm, in the case.
About Mostyn Law Firm
Based in Houston, Texas, Mostyn Law Firm was established in 1999 by Steve Mostyn. Mostyn Law Firm has earned its reputation by tirelessly standing up for the rights of ordinary people who have been treated unfairly by insurers, injured by defective products, or suffered personal injury. Mostyn Law Firm has 125 employees in its offices in Houston, Beaumont, Austin, and Galveston.
Cause No. 13-14-00347-CV