Court of Appeals of Texas, Second District, Fort Worth
Appeal from the 415th District Court Parker County, Texas
Trial Court No. CV16-0048
Sudderth, C.J., and Kerr, J. 
Elizabeth Kerr Justice
Joseph and Susan Lambert appeal the trial court's order
granting summary judgment in favor of appellees State Farm
Lloyds and adjuster Tevin Senneand denying the Lamberts'
motion for partial summary judgment. In two issues, the
Lamberts argue (1) that their extracontractual claims remain
viable even though State Farm eventually paid their
homeowner's-insurance claim after the parties engaged in
the policy's appraisal process and (2) that the trial
court erred by granting State Farm's summary-judgment
motion and denying their own motion concerning State
Farm's liability-despite its timely paying the appraisal
amount-for statutory interest and attorney's fees under
the Texas Prompt Payment of Claims Act ("TPPCA").
we hold that the Lamberts have failed to provide any evidence
of actual damages aside from compensation to which they were
entitled under their homeowner's policy and because
payment of an appraisal award does not bar a TPPCA claim but
also does not conclusively establish that the Lamberts are
entitled to summary judgment, we will affirm the trial
court's judgment in part and reverse it in part.
suit began over the way State Farm handled the Lamberts'
claim for hail and wind damage to their home from a May 2015
Lamberts submitted a claim for damages under their
homeowner's-insurance policy. State Farm assigned
adjuster Senne to their claim; he inspected the Lamberts'
home and found $4, 935.97 worth of damage to it. Because
depreciation and their policy deductible amounted to more
than the $5, 000 in damage, State Farm's letter to the
Lamberts showed a "Total Payable" of
"$-0-." Soon after, the Lamberts asked State Farm
to reinspect their home, which Senne did in October 2015,
this time finding closer to $10, 000 in damage and netting
the Lamberts some $1, 700 after subtracting depreciation and
the Lamberts sued State Farm in January 2016, asserting
claims for breach of contract, unfair settlement practices
under the Texas Insurance Code, violations of the TPPCA,
breach of the duty of good faith and fair dealing, violations
of the Deceptive Trade Practices Act, and fraud. State Farm
then moved to compel appraisal under the appraisal provision
in the Lamberts' policy. The Lamberts and State Farm
followed that procedure, designating appraisers who then
jointly appointed an umpire. The appraisal panel ultimately
set the amount of loss to the Lamberts' home at $99,
112.72 on a replacement-cost basis and $70, 965.54 on an
actual-cash-value basis. Two days after learning of the award,
and after deducting depreciation and the past payment of
roughly $1, 700, in mid-August 2016 State Farm paid the
Lamberts $63, 404.63.
next month, State Farm moved for summary judgment arguing
that because it had paid the amount of loss as determined by
appraisal and because the Lamberts had not alleged an
independent injury separate from their rights under the
policy, State Farm was entitled to a take-nothing judgment in
its favor. The Lamberts then moved for partial summary
judgment on their TPPCA claim, specifically claiming that
they were entitled to statutory interest and attorney's
fees under Section 542 of the Texas Insurance Code. Tex. Ins.
Code Ann. § 542.060(a). Although the trial court
initially granted the Lamberts' motion and denied State
Farm's, it later granted State Farm's motion for
reconsideration and signed a final judgment in State
Farm's favor on September 29, 2017. That judgment
expressly denied the Lamberts' partial-summary-judgment
motion and granted State Farm's motion "in its
entirety." The Lamberts appealed.
Standard of Review
same well-known standard of review applies to both issues in
this appeal, involving as they do the ...