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BARBARA TECHNOLOGIES v. STATE FARM LLOYDS

No. 17-0640.

589 S.W.3d 806 (2019)

BARBARA TECHNOLOGIES CORPORATION, Petitioner, v. STATE FARM LLOYDS, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: June 28, 2019.

Rehearing Denied December 13, 2019.

Attorney(s) appearing for the Case

William Richard (Rick) Thompson II , Dana Brooke Levy , Thad D. Spalding , Durham, Pittard & Spalding, LLP, Dallas, TX, Amy B. Hargis , Andrew P. Slania , Jeffrey L. Raizner , Raizner Slania LLP, Peter Michael Kelly , First Court of Appeals, Houston, TX, for Petitioner.

Melissa A. Lorber , Craig T. Enoch , Enoch Kever PLLC, Austin, TX, M. Micah Kessler , Nistico, Crouch & Kessler, PC, Ryan Newman , Thompson & Horton, LLP, Houston, TX, for Respondent.

Russell J. Bowman , Bowman & Stella, Irving, TX, for Amicus Curiae Central Mutual Insurance Company.

Brendan K. McBride , The McBride Law Firm, Jonathan C. Lisenby , Marc E. Gravely , Matthew R. Pearson , Gravely & Pearson, L.L.P, San Antonio, TX, for Amicus Curiae Independent Bankers Association of Texas, Texas Association of Community Schools, Texas Automobile Dealers Association, Texas Hospital Association, Texas Hotel & Lodging Association, Texas Independent Automobile Dealers Association, Texas League of Community Charter Schools, Texas Organization of Rural and Community Hospitals.

In this case, we consider competing motions for summary judgment that present the issue of whether an insured party can prevail on its claim for damages for delayed payment pursuant to the Texas Prompt Payment of...

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