In an insurance-law opinion about the effect of paying an appraisal award, the supreme court offered an instructive example of preservation: “Although Alvarez did not expressly allege a [Texas Prompt Payment of Claims Act] claim in his original petition, he alleged that he was entitled to 18% statutory interest (which reflects the statutory interest rate for violations of the TPPCA) and argued in his no-evidence motion for partial summary judgment that he was entitled to TPPCA damages. State Farm appeared to acknowledge this claim, too, arguing in its own summary-judgment motion that it was not subject to TPPCA damages. So to the extent State Farm suggests Alvarez failed to preserve his TPPCA claim, State Farm is mistaken.” Alvarez v. State Farm Lloyds, No. 18-0127 (April 17, 2020) (per curiam).
