Every passage below is lifted verbatim out of the citing opinion, with the
citation itself highlighted. Nothing here is a summary and nothing is generated —
it is what the later court actually wrote.
In re: RIC (Austin), LLC; Panache Development & Construction, Inc., et al. v. Romspen Mortgage, LP; Romspen (Reomaster) Holdings, Inc.2026-05-21
…2, 933 (Tex. 1983), and then citing Triplex Commc’ns, Inc. v. Riley, 900 S.W.2d 716, 719 (Tex. 1995))). 201 Pathfinder Oil & Gas, Inc. v. Great W. Drilling, Ltd., 574 S.W.3d 882, 890 (Tex. 2019) (citing USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018)). 202 White Knight Dev., LLC v. Simmons, 718 S.W.3d 203, 209 (Tex. 2025) (citing Goldman v. Olmstead, 414 S.W.3d 346, 361 (Tex. App.—Dallas 2013, pet. denied)). monetary damages when such damages would be inadequate.”203 To be entitled to specific performance, a plaintiff must show that (1) money damages would…
RIC (Austin) LLC2026-05-21
…2, 933 (Tex. 1983), and then citing Triplex Commc’ns, Inc. v. Riley, 900 S.W.2d 716, 719 (Tex. 1995))). 201 Pathfinder Oil & Gas, Inc. v. Great W. Drilling, Ltd., 574 S.W.3d 882, 890 (Tex. 2019) (citing USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018)). 202 White Knight Dev., LLC v. Simmons, 718 S.W.3d 203, 209 (Tex. 2025) (citing Goldman v. Olmstead, 414 S.W.3d 346, 361 (Tex. App.—Dallas 2013, pet. denied)). monetary damages when such damages would be inadequate.”203 To be entitled to specific performance, a plaintiff must show that (1) money damages would…
Farah2026-04-21
…ctices in violation of these code provisions. Since Plaintiff is unable to prove a breach of the Policy or that he is entitled to additional Policy benefits, however, his extra-contractual claims must necessarily fail. USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 499-500 (Tex. 2018). As the Supreme Court of Texas recently held: insured cannot recover any damages based on an insurer’s statutory violation unless the insured establishes a right to receive benefits under the policy or an injury independent of a right to benefits.” Jd. at 500. C. Prompt Payment Violations Plaintiff also…
Fernandez Gonzalez Asociados, LLC v. Depositors Insurance Company2026-02-20
…ishes the respective rights and obligations to which an insurer and its insured have mutually agreed . . . .” In re Farmers Tex. Cnty. Mut. Ins. Co., 621 S.W.3d 261, 270 (Tex. 2021) (orig. proceeding) (quoting USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 488 (Tex. 2018)). Policies are construed in the same manner as any other contract. Menchaca, 545 S.W.3d at 488. Some insurance policies include appraisal clauses to resolve disputes over the amount of a covered loss. State Farm Lloyds v. Johnson, 290 S.W.3d 886, 888–89 (Tex. 2009). “These clauses are generally enforceable, absent il…
Lauren Moody v. Oscar Insurance Company2026-02-09
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Encalade2025-12-29
…“An insured’s claim for breach of an insurance contract is ‘distinct’ and ‘independent’ from claims that the insurer violated its extra-contractual common-law and statutory duties.” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 489 (Tex. 2018). “A claim for breach of the policy is a ‘contract cause of action,’ while a common-law or statutory bad-faith claim ‘is a cause of action that sounds in tort.’” Id. (quoting Twin City Fire Ins. Co. v. Davis, 904 S.W.2d 663, 666 (Tex. 1995)). A plaintiff “may still recover damages for a statutory violation that caused an…
Boss Exotics, LLC v. Crosta and Partners, LLC d/b/a Royalty Exotics, Crosta and Partners, LLC (CA), Crosta and Partners, LLC (AK), Luxury Lease Compan2025-12-17
…) the existence of a valid contract; (2) that plaintiff performed or tendered performance under the contract; (3) the defendant breached the contract; and (4) that the plaintiff sustained damages as a result of the breach. USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018) (citation omitted). To prove the existence of a valid contract, a party must show: (1) an offer; (2) acceptance in strict compliance with the terms of the offer; (3) a meeting of the minds on the essential terms of the contract (mutual assent); (4) each party’s consent to the terms; and (5) execution and delivery of…
White2025-12-12
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Barona2025-12-12
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Arthurton2025-11-17
…f the minds; (4) each party consented; and (5) the parties executed and delivered the contract with the intent that it be mutual and binding.” Box v. PetroTel, Inc., 33 F.4th 195, 202 (5th Cir. 2022) (cleaned up) (citing USAA Texas Lloyds Co. v. Menchaca, 545 S.W.3d 479, 502 (Tex. 2018)). 1. Plaintiff failed to plead facts that could support the formation of a valid contract with PNC Bank. Plaintiff alleges he sent “instruments” to PNC Bank stating it was required either to decline his offer or be bound by it, and that PNC did…
French2025-10-16
…Tex. 2002). 236 See Smith Int'l, Inc. v. Egle Group, LLC, 490 F.3d 380, 387 (5th Cir. 2007) (quoting Valero Mktg. & Supply Co. v. Kalama Int'l, LLC, 51 S.W.3d 345, 351 (Tex. App.—Houston [1st Dist.] 2001, no pet.)); USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018) (“A plaintiff asserting a breach-of-contract claim must prove (1) the existence of a valid contract; (2) the plaintiff performed or tendered performance as the contract required; (3) the defendant breached the contract by failing to perform or tender performance as the contract required; and (4) the plaintiff sustained…
Robles2025-10-16
…to v. Lloyds, 2016 WL 6883174, at *5 (S.D. Tex. Aug. 19, 2016). Furthermore, Texas courts have held that an insured may not prevail on a “bad faith” claim without first proving the insurer breached the contract. See USAA Texas Lloyds Co. v. Menchaca, 545 S.W.3d 479, 500 (Lex. 2018); Liberty Nat. Fire Ins. Co. v. Akin, 927 S.W.2d 627, 629 (Tex. 1996); Losciale v. State Farm Lloyds, 2017 WL 3008642, at *2 (S.D. Tex. July 14, 2017). Thus, because the Court previously found that Defendant did not breach the contract, Plaintiff cannot prevail on her “bad faith” claims. Nevertheless, the Court will consider…
Vera2025-10-07
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Giarratano2025-10-02
…Harwell), 23-05028-mnp, 2024 WL 332876, at *8 (Bankr. W.D. Tex. Jan. 26, 2024). 34 Pathfinder Oil & Gas, Inc. v. Great Western Drilling, Ltd., 574 S.W.3d 882, 890 (Tex. 2019) (citing USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018)). 35 Italian Cowboy Partners, Ltd. v. Prudential Ins. Co. Of Am., 341 S.W.3d 323, 337 (Tex. 2011) (quoting Aquaplex, Inc. v. Rancho La Valencia, Inc., 297 S.W.3d 768, 774 (Tex. 2009) (per curiam)). The plaintiff must prove both that it actually an…
De La Puente v. Allstate Vehicle and Property Insurance Company2025-09-30
…hat establishes the respective rights and obligations to which an insurer and its insured have mutually agreed . . . .” In re Farmers Tex. Cnty. Mut. Ins., 621 S.W.3d 261, 270 (Tex. 2021) (orig. proceeding) (quoting USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 488 (Tex. 2018)). Policies are construed in the same manner as any other contract. Menchaca, 545 S.W.3d at 488. Appraisal clauses are included in most insurance policies as a way of resolving disputes over the amount of covered losses. State Farm Lloyds v. Johnson, 290 S.W.3d 886, 888–89 (Tex. 2009). “These clauses are generally enfo…
Trevino2025-09-30
…that establishes the respective rights and obligations to which an insurer and its insured have mutually agreed . . . .” In re Farmers Tex. Cnty. Mut. Ins., 621 S.W.3d 261, 270 (Tex. 2021) (orig. proceeding) (quoting USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 488 (Tex. 2018)). Policies are construed in the same manner as any other contract. Menchaca, 545 S.W.3d at 488. Appraisal clauses are included in most insurance policies as a way of resolving disputes over the amount of covered losses. State Farm Lloyds v. Johnson, 290 S.W.3d 886, 888–89 (Tex. 2009). “These clauses are generally enf…
Ramos2025-09-30
…that establishes the respective rights and obligations to which an insurer and its insured have mutually agreed . . . .” In re Farmers Tex. Cty. Mut. Ins., 621 S.W.3d 261, 270 (Tex. 2021) (orig. proceeding) (quoting USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 488 (Tex. 2018)). Policies are construed in the same manner as any other contract. Menchaca, 545 S.W.3d at 488. Appraisal clauses are included in most insurance policies as a way of resolving disputes over the amount of covered losses. State Farm Lloyds v. Johnson, 290 S.W.3d 886, 888–89 (Tex. 2009). “These clauses are generally enf…
Simpson2025-09-29
…offer, (3) a meeting of the minds on the essential terms of the contract (mutual assent), (4) each party’s consent to the terms, and (5) execution and delivery of the contract with the intent that it be mutual and binding. USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018). Amerisave offers the home-equity note, security instrument, and deed of trust as evidence that there was a valid, enforceable contract between it and Simpson. (Dkt. #12-2 at 3–31). Simpson breached the contract by failing to maintain payments or pay…
Sims2025-09-02
…t cause of action “with different elements and remedies than a contract claim seeking damages and prejudgment interest.” Agredano v. State Farm Lloyds, 975 F.3d 504, 505 (5th Cir. 2020); Cortinas, 2025 WL 233589, at *6-7; USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 489 (Tex. 2018). As in Cortinas, this Court concludes the Collective Plaintiffs did not plead any independent TPPCA cause of action. See Cortinas, 2025 WL 233589, at *6-7. As in Cortinas, the Collective Plaintiffs’ reliance on Agredano is misplaced. As explained in Cortinas, the Agredano plain…
Hammad2025-08-28
…the contract by failing to perform or tender performance as the contract required; and (4) the plaintiff sustained damages as a result of the breach. USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018) (citation omitted). As to the first element, FFS argues Hammad entered into a contract with Ferrari of Houston. (ECF No. 49 at 8). FFS adds that the rights and obligations of the contract were then assigned to FFS upon execution of the leas…
Bradshaw2025-08-11
…The fact that AmGuard did not breach the Policy also precludes recovery on Ms. Bradshaw’s extra-contractual claims. See Progressive Cnty. Mut. Ins. Co. v. Boyd, 177 S.W.3d 919, 922 (Tex. 2005); USAA Texas Lloyds Co. v. Menchaca, 545 S.W.3d 479, 500 (Tex. 2018) (“When an insured seeks to recover damages that are predicated on, flow from, or stem from policy 14 benefits, the general [independent-injury] rule applies and precludes recovery unless the policy entitles the insured to those benefits.” (quotation mar…
Samantha Sun Oasis Liquor v. ACE Property & Casualty Insurance Company2025-08-01
…on unless the jury finds that the insured had a right to the benefits under the policy, the insured does not also have to prevail on a separate breach-of-contract claim based on the insurer’s failure to pay those benefits.” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 494 (2018). In other words, the success of extra-contractual claims in this setting does not necessarily depend on a finding of liability for breach of contract. But even if ACE were correct in contending otherwise, separate trials would not be economical if Oasis Liquor were to prevail on its contract claim. In…
Merrill2025-07-10
…ract that establishes the respective rights and obligations to which an insurer and its insured have mutually agreed . . . .” In re Farmers Tex. Cnty. Mut. Ins., 621 S.W.3d 261, 270 (Tex. 2021) (orig. proceeding) (quoting USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 488 (Tex. 2018)). Policies are construed in the same manner as any other contract. Menchaca, 545 S.W.3d at 488. Most insurance policies include appraisal clauses to resolve disputes over the amount of a covered loss. State Farm Lloyds v. Johnson, 290 S.W.3d 886, 888–89 (Tex. 2009). “These clauses are generally enforceable, absent il…
Blue Compass RV LLC v. Twin City Fire Insurance Company2025-07-10
…to promptly pay under Chapter 542 of the Texas Insurance Code is dismissed. Doc. 7, Am. Compl., ¶¶ 54–56. “[A]n insured who sues an insurer for statutory violations can only recover damages ‘caused by’ those violations.” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 491 (Tex. 2018). Thus, a finding that there is no coverage under the policy negates any extra-contractual claims that are “predicated on the insurance policy and the [injury] being covered under the insurance policy.” See id. (quotation and alteration omitted). Accordingly, because Twin City paid Blue Compass $100,000—the maxim…
Murphy v. On Your Side Nationwide Insurance Agency, Inc.2025-07-07
The citing opinion is in this library and the link is real, but the passage could not be quoted: this decision is named there in a short form, in a parallel reporter, or in text that came through OCR imperfectly. Recorded as unquoted rather than dropped.
Green Acres Baptist Church v. Brotherhood Mutual Insurance Company2025-07-03
…performance as contractually required; (3) the defendant breached the contract by failing to perform or tender performance as contractually required; and (4) the plaintiff sustained damages due to the breach.” USAA Tex. Lloyds Co. v. Menchaca, 545 S.W.3d 479, 501 n.21 (Tex. 2018). It was thus Green Acres’s burden to prove that Brotherhood breached the policy by failing to pay benefits to which Green Acres was entitled. See Will v. USAA Gen. Indem. Co., 2023 WL 8459498, at *4 (Tex. App.— Houston [1st Dist.] Dec. 7, 2023, no pet.) (“[A] central element to be proven in an action fo…