Texas Justices Wrestle with Attorney Fee Recovery in Prompt Payment Act Dispute

Much of the questioning from the Texas Supreme Court during oral arguments in a prompt payment dispute Wednesday morning focused on how to interpret a statute that would allow neither insurance companies nor policyholders to game the system when it comes to recovering attorney fees.

“I’m very concerned about what their construction can lead to,” Justice Jeff Boyd said to counsel for the policyholder. “But I’m also concerned about what your construction can lead to.”