PJC Business

PJC 102.23

DTPA/I NSURANCE C ODE

Insurance Code cases. In cases brought under the Insurance Code, the phrase unfair or deceptive acts or practices should be used instead of the phrase false, mis leading, or deceptive acts or practices in the above question. See Tex. Ins. Code § 541.162(a)(2). Breach-of-warranty cases. In cases involving a breach of warranty, the phrase failures to comply with a warranty should be used in lieu of the phrase false, mislead ing, or deceptive acts or practices in the above question. Distinct damages claims. If the plaintiff has two claims involving distinctly dif ferent damages caused by distinctly different conduct and the limitations defense is raised, the Committee recommends that separate liability, damages, and limitations questions be submitted. Extra 180 days. Both DTPA §17.565 and Tex. Ins. Code §541.162(b) provide for an extra 180 days to be tacked onto the two-year period if the plaintiff can show he was induced by the defendant to refrain from filing suit. If that exception is raised, the jury would need to be asked: Was Paul Payne ’s failure to file suit by [ insert date two years after date of occurrence or of plaintiff’s actual or deemed discovery ] caused by Don Davis ’s knowingly engaging in conduct solely calcu lated to induce Paul Payne to refrain from or postpone filing suit?

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