In Texas, "[a]n insurer can deny debatable claims without being liable for breach of the duty of dealing in good faith." Aspen Spec. Ins. Co. v. Yin Inv's USA, LP, No. 6:20-cv-00153, 2021 WL 4666775, at *3 (E.D. Tex. October 7, 2021).
If there is no common-law claim for breach of the duty of dealing in good faith in Texas, then there are likewise no statutory claims available under Texas Insurance Code § 541 (prohibiting unfair methods of competition and unfair or deceptive acts or practices), Texas Deceptive Trade Practices Act § 17.41 (prohibiting the same methods, acts or practices), and Texas Insurance Code § 542 (requiring prompt payment of claims), all of which were also at issue in Aspen Specialty. The predicates are the same whether the claims are alleged on the basis of the Texas common law or on the bases of the cited Texas statutes.
Summary judgment for the carrier on the Texas common-law claims in Aspen Specialty meant summary judgment for the carrier on these statutory claims as well. Aspen Specialty, 2021 WL 4666775, at *3.
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