PJC Business

PJC 102.21

DTPA/I NSURANCE C ODE

Actual awareness of failure to comply with a warranty. If the case does not involve a breach of warranty, the phrase “or actual awareness of the conduct constitut ing a failure to comply with a warranty” should be deleted from the above definition of “knowingly.” If the case does involve a breach of warranty, the words “condition,” “defect,” or “failure” may be substituted for the word “conduct” in the definition. DTPA § 17.45(9). Producing cause. For cases brought under Tex. Ins. Code ch. 541, subch. D, the phrase resulted in should be substituted for the phrase was a producing cause of in the limiting instruction above. Compare Tex. Ins. Code § 541.151, with DTPA § 17.50(a).

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