Terry v. Safeco Insurance Co. of America

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 the insurer conditions payment of all or part of the claim on the insured’s performance of an act, the five-day period begins when that act is…