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HOME OWNER CASE LAW FROM THE TEXAS SUPREME COURT
State Farm Lloyds v. Johnson, No. 06-1071 (Tex. Jul. 3, 2009)(Brister) (INSURANCE LAW:
appraisal clause in insurance context, hail damages to home of insured home owner)
STATE FARM LLOYDS v. BECKY ANN JOHNSON; from Collin County; 5th district
(05-05-00640-CV, 204 SW3d 897, 10-27-06 Opinion of the Dallas Court of Appeals)
The Court affirms the court of appeals' judgment.
Justice Brister delivered the opinion of the Court. [pdf]
Perry Homes v. Cull, No. 05-0882 (Tex. May 2, 2008)(Opinion by Scott A. Brister)(arbitration award in favor
of consumers against home builder overturned; court says home owners implicitly waived right to arbitrate by
their litigation conduct)
05-0882 PERRY HOMES, A JOINT VENTURE, HOME OWNERS MULTIPLE EQUITY, INC., AND WARRANTY
UNDERWRITERS INSURANCE COMPANY v. ROBERT E. CULL, AND S. JANE CULL; from Tarrant County; 2nd
district (02-04-00052-CV, 173 S.W.3d 565, 08-31-05)
The Court reverses the court of appeals' judgment, vacates the arbitration award, and remands the case to the
Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, and
Justice Medina joined, and in which Chief Justice Jefferson, Justice Green, Justice Johnson, and Justice Willett
joined as to parts I-V.
Justice O'Neill delivered a concurring opinion.
Justice Johnson wrote an opinion concurring and dissenting in part, which was joined by Chief Justice Jefferson and Justice
Justice Willett delivered an opinion concurring in part and dissenting in part.
Opinion below: Perry Homes v. Cull, 02-04-00052-CV, (Tex.App.- Fort Worth, Aug 31, 2005, pet . filed)(reversed, and arbitration
award for home owners vacated)
Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332 (Tex. 2007)(per curiam)
(liability insurance coverage for defective work by contractor)
GRIMES CONSTRUCTION, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Tarrant County;
2nd district (02-04-00335-CV, 188 S.W.3d 805, 03/09/06)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing
oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court.
This declaratory judgment action concerns the duty to defend and indemnify under a commercial general
liability (CGL) policy. The appeal presents issues similar to those decided in Lamar Homes, Inc. v.
Mid-Continent Casualty Co., 242 S.W.3d 1 (Tex. 2007).
TEXAS COURT OF APPEALS CASES IN WHICH THE SUPREME COURT
WAYNE DUDDLESTEN, LTD., SUCCESSOR TO WAYNE DUDDLESTEN, INC. AND TBJ PROPERTIES, INC. v.
CYPRESS NORTHWEST ASSOCIATES, LTD.; from Harris County; 1st district (01-05-00827-CV, ___ SW3d
___, 02-21-08, pet. denied) (breach of contract claim, statue of limitations, breach of restrictive covenant,
summary judgment reversed)
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