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TERRY v. SAFECO INS. CO. OF AMERICA

Civil Action No. H-10-0340.

972 F.Supp.2d 965 (2013)

Jack TERRY and Eden Terry, Plaintiffs, v. SAFECO INSURANCE COMPANY OF AMERICA, Defendant.

United States District Court, S.D. Texas, Houston Division.

September 17, 2013.

Attorney(s) appearing for the Case

Joseph Denney Terry , L. Lee Thweatt , Terry Thweatt PC, Houston, TX, Matthew S. Finkelstein , Sico White Hoelscher Harris & Braugh LLP, Houston, TX, Michael P. Doyle, Doyle Raizner LLP, Houston, TX, for Plaintiffs.

Steven Oneal Grubbs , Sheehy Ware Pappas PC, Houston, TX, John Mark Kressenberg , Sheehy Ware et al, Houston, TX, for Defendant.

MEMORANDUM AND ORDER

LEE H. ROSENTHAL, District Judge.

This is an uninsured-motorist insurance case. The remaining issue is whether the insurer's offer to settle a claim on terms that the insureds unequivocally rejected triggered the five-day-payment provision under § 542.057 of the Texas Insurance Code. Section 542.057 requires an insurer to pay the insured within five business days after notice that the insurer will pay all or part of the claim. If...

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