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Wednesday, November 24, 2004

Cases—Juries—Plaintiff entitled to directed verdict where evidence of breach was uncontested

Texas_flag_1 Where it was uncontested that the defendant cancelled the contract with plaintiff without cause, a jury decision that the defendant had performed all its obligations under the agreement was clearly erroneous and would be reversed, according to the Texas Court of Appeals.

A client retained an adjuster to help negotiate a fire insurance claim.  The client subsequently fired the adjuster, settled the claim, and refused to pay.  The client won a jury verdict, but the court, in an opinion by Judge Linda Reyna Yanez, set it aside, holding that the adjuster was plainly entitled to its fees.

Adjusters & Loss Consultants Group. v. Johnson Int’l Material, Inc., 2004 Tex. App. LEXIS 9934 (Corpus Christi, Nov. 10, 2004)

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