Claims Journal
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Fifth Circuit Ruling Addresses When Texas Prompt Pay Act Begins to Accrue

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Recently the Fifth Circuit heard the case of Cox Operating LLC v. St. Paul Surplus Lines. Ins., and according to Cozen O'Connor member Nejat Ahmed, who specializes in bad faith and insurance coverage and litigation, the court addressed when interest damages occur under the Texas Prompt Pay Act on a case involving pollution cleanup costs under a CGL policy. The case is the first to have the Act applied to a third party claim and the court's decision found that any violation of the three deadlines under the Act triggers the statutory penalty.

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