Appellate Court Affirms Homeowners' Win in Insurance Coverage Dispute - Insurance News | InsuranceNewsNet

InsuranceNewsNet — Your Industry. One Source.™

Sign in
  • Subscribe
  • About
  • Advertise
  • Contact
Home Now reading Property and Casualty News
Topics
    • Advisor News
    • Annuity Index
    • Annuity News
    • Companies
    • Earnings
    • Fiduciary
    • From the Field: Expert Insights
    • Health/Employee Benefits
    • Insurance & Financial Fraud
    • INN Magazine
    • Insiders Only
    • Life Insurance News
    • Newswires
    • Property and Casualty
    • Regulation News
    • Sponsored Articles
    • Washington Wire
    • Videos
    • ———
    • About
    • Advertise
    • Contact
    • Editorial Staff
    • Newsletters
  • Exclusives
  • NewsWires
  • Magazine
  • Newsletters
Sign in or register to be an INNsider.
  • AdvisorNews
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Exclusives
  • INN Magazine
  • Insurtech
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Video
  • Washington Wire
  • Life Insurance
  • Annuities
  • Advisor
  • Health/Benefits
  • Property & Casualty
  • Insurtech
  • About
  • Advertise
  • Contact
  • Editorial Staff

Get Social

  • Facebook
  • X
  • LinkedIn
Newswires
Property and Casualty News RSS Get our newsletter
Order Prints
January 7, 2026 Property and Casualty News
Share
Share
Tweet
Email

Appellate Court Affirms Homeowners' Win in Insurance Coverage Dispute

Business Wire

Court clarifies treatment of deductibles and attorneys’ fees in Texas insurance cases

DALLAS--(BUSINESS WIRE)--
A Dallas appellate court has affirmed a jury verdict and attorneys’ fees award in a homeowners insurance dispute, rejecting an insurer’s attempt to erase the verdict by arguing that damages awarded below a policy deductible required a take-nothing judgment.

The Fifth Court of Appeals at Dallas held that a jury may reasonably account for a policy deductible when calculating damages and confirmed that homeowners who prevail at trial are entitled to recover attorneys’ fees. The decision provides important guidance on post-verdict challenges frequently raised by insurers in Texas coverage disputes.

“The court made clear that insurers cannot erase jury verdicts by relying on deductibles after the fact,” said Chad Baruch, the managing shareholder at Johnston Tobey Baruch who argued the appeal. “This opinion gives trial courts and policyholders clear guidance on how to interpret the court’s charge in this situation.”

The 5th Court upheld the trial court’s judgment in favor of Meagan Novak and Adam Wright, who sued the Texas FAIR Plan Association after it denied coverage for sudden and accidental water damage to their home. A Dallas County court at law jury awarded $1,126 in actual damages and $60,000 in attorneys’ fees.

The insurer sought to overturn the verdict by arguing that the jury’s damages award fell below the policy deductible and that it therefore owed no attorneys’ fees. The trial court rejected those arguments, and the Fifth Court of Appeals has now affirmed that ruling in full.

About Johnston Tobey Baruch

Johnston Tobey Baruch is a dynamic law practice based in Dallas. Its trial and appellate attorneys have a broad range of litigation, arbitration and appellate experience. They are pioneers in the handling of legal and accounting malpractice, investment fraud and business disputes. They also have an enviable track record with insurance bad faith matters, commercial litigation and fiduciary litigation, and civil, family and criminal appeals for many prominent Texas companies and individuals.

View source version on businesswire.com: https://www.businesswire.com/news/home/20260107007589/en/

Media Contact:
BeLynn Hollers
800-559-4534

[email protected]

Source: Johnston Tobey Baruch

Older

Pocatello Children’s Clinic Warns of Primary Care Pending Tragedy – Proposes Emergency Amendment to 2025 Idaho House Bill 345

Newer

Slew of new Florida laws now in effect

Advisor News

  • Trump announces health care plan outline
  • House passes bill restricting ESG investments in retirement accounts
  • How pre-retirees are approaching AI and tech
  • Todd Buchanan named president of AmeriLife Wealth
  • CFP Board reports record growth in professionals and exam candidates
More Advisor News

Annuity News

  • Great-West Life & Annuity Insurance Company Trademark Application for “EMPOWER READY SELECT” Filed: Great-West Life & Annuity Insurance Company
  • Retirees drive demand for pension-like income amid $4T savings gap
  • Reframing lifetime income as an essential part of retirement planning
  • Integrity adds further scale with blockbuster acquisition of AIMCOR
  • MetLife Declares First Quarter 2026 Common Stock Dividend
More Annuity News

Health/Employee Benefits News

  • Trump announces health care plan outline
  • Wipro Announces Results for the Quarter Ended December 31, 2025
  • Arizona ACA health insurance enrollment plummets as premiums soar without enhanced subsidies
  • Counties worry about paying for uninsured
  • People needing health care coverage have until Thursday to sign up for Obamacare
More Health/Employee Benefits News

Life Insurance News

  • Best’s Market Segment Report: AM Best Maintains Stable Outlook on India’s Non-Life Insurance Segment
  • AM Best Affirms Credit Ratings of Health Care Service Corporation Group Members and Health Care Service Corp Medicare & Supplemental Group Members
  • Kyle Busch hits PacLife role in amended IUL fraud claims suit
  • I sent a letter to President Trump regarding Greg Lindberg
  • ‘Cashing Out’: Film recounts how viatical settlements arose from AIDS crisis
Sponsor
More Life Insurance News

- Presented By -

Top Read Stories

More Top Read Stories >

NEWS INSIDE

  • Companies
  • Earnings
  • Economic News
  • INN Magazine
  • Insurtech News
  • Newswires Feed
  • Regulation News
  • Washington Wire
  • Videos

FEATURED OFFERS

Elevate Your Practice with Pacific Life
Taking your business to the next level is easier when you have experienced support.

ICMG 2026: 3 Days to Transform Your Business
Speed Networking, deal-making, and insights that spark real growth — all in Miami.

Your trusted annuity partner.
Knighthead Life provides dependable annuities that help your clients retire with confidence.

8.25% Cap Guaranteed for the Full Term
Guaranteed cap rate for 5 & 7 years—no annual resets. Explore Oceanview CapLock FIA.

Press Releases

  • Agent Review Announces Major AI & AIO Platform Enhancements for Consumer Trust and Agent Discovery
  • Prosperity Life Group® Names Industry Veteran Mark Williams VP, National Accounts
  • Salt Financial Announces Collaboration with FTSE Russell on Risk-Managed Index Solutions
  • RFP #T02425
  • RFP #T02525
More Press Releases > Add Your Press Release >

How to Write For InsuranceNewsNet

Find out how you can submit content for publishing on our website.
View Guidelines

Topics

  • Advisor News
  • Annuity Index
  • Annuity News
  • Companies
  • Earnings
  • Fiduciary
  • From the Field: Expert Insights
  • Health/Employee Benefits
  • Insurance & Financial Fraud
  • INN Magazine
  • Insiders Only
  • Life Insurance News
  • Newswires
  • Property and Casualty
  • Regulation News
  • Sponsored Articles
  • Washington Wire
  • Videos
  • ———
  • About
  • Advertise
  • Contact
  • Editorial Staff
  • Newsletters

Top Sections

  • AdvisorNews
  • Annuity News
  • Health/Employee Benefits News
  • InsuranceNewsNet Magazine
  • Life Insurance News
  • Property and Casualty News
  • Washington Wire

Our Company

  • About
  • Advertise
  • Contact
  • Meet our Editorial Staff
  • Magazine Subscription
  • Write for INN

Sign up for our FREE e-Newsletter!

Get breaking news, exclusive stories, and money- making insights straight into your inbox.

select Newsletter Options
Facebook Linkedin Twitter
© 2026 InsuranceNewsNet.com, Inc. All rights reserved.
  • Terms & Conditions
  • Privacy Policy
  • InsuranceNewsNet Magazine

Sign in with your Insider Pro Account

Not registered? Become an Insider Pro.
Insurance News | InsuranceNewsNet