Rodriguez v. Safeco Insurance Company of Indiana


(TX, filed September 22, 2023): Arguing that the plain language of Chapter 542A forecloses attorneys’ fees where the amount to be awarded in the judgment is zero. Interpreting insurance statutes according to their plain language ensures predictability and stability. The statute ties attorneys’ fees to a “judgment” not to an appraisal or other dispute resolution mechanism.  

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Court ruled in favor of ATRA's position

On February, 2, 2024, the Court ruled that under Texas law, an insurer’s payment of an appraisal award precludes the recovery of attorney’s fees.

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