Texas Court of Appeals Affirms Summary Judgment for USAA in Nathan v. USAA General Indemnity

Texas Court of Appeals Affirms Summary Judgment for USAA in Nathan v. USAA General Indemnity

Background and Legal Context
JOE AND SHIRLEY NATHAN, Appellants, v. USAA GENERAL INDEMNITY, Appellee.
No. 05-23-00106-CV.
Court of Appeals of Texas, Fifth District, Dallas.
Opinion Filed May 2, 2024.
On Appeal from the 422nd Judicial District Court, Kaufman County, Texas, Trial Court Cause No. 103228-422.
Affirmed.
Before Justices Smith, Miskel, and Breedlove.
MEMORANDUM OPINION
Opinion by Justice MARICELA BREEDLOVE.

Introduction

The Court of Appeals of Texas, Fifth District, Dallas, reviewed the trial court's summary judgment in favor of USAA General Indemnity in an insurance dispute involving storm damage claims by Joe and Shirley Nathan. The appellate court affirmed the trial court's decision, addressing issues related to the denial of leave to file a late summary judgment response, the denial of a motion to compel mediation, and the granting of USAA's no-evidence motion for summary judgment.

Case Background

Joe and Shirley Nathan purchased a homeowner's insurance policy from USAA for coverage from February 11, 2018, to February 11, 2019. Following storm damage to their home in December 2018, the Nathans filed a claim. USAA's inspection determined that the repair costs were below the policy's $2,500 deductible, and thus no payment was made. Shirley Nathan obtained an independent estimate and demanded over $32,000 in damages plus $10,000 in attorney's fees. When USAA refused to pay, she filed a lawsuit on August 28, 2019, for breach of the policy and sought an appraisal.

The parties conducted an appraisal and discovery over the following years. The trial was set for October 3, 2022. On September 23, 2022, Nathan filed an amended petition with new claims but did not request mediation or reference her motion to compel mediation. USAA filed a traditional and no-evidence motion for summary judgment on October 18, 2022. Nathan responded late, filing a motion for leave two days before the hearing and a response one day before. The trial court denied her motion for leave and granted USAA's no-evidence motion for summary judgment.

Court's Analysis and Rulings

Late Summary Judgment Response

Nathan argued that the trial court erred in denying her leave to file a late response. The appellate court reviewed this for abuse of discretion. A motion for leave should be granted if the failure to timely respond was not intentional or due to conscious indifference and would not cause undue delay or harm. Nathan failed to explain her late response or show lack of harm to USAA, leading the appellate court to affirm the trial court's decision.

Motion to Compel Mediation

Nathan contended that the trial court erred in denying her motion to compel mediation. However, she did not set the motion for a hearing or obtain a ruling from the trial court, thus failing to preserve the issue for appellate review. The appellate court overruled this issue.

Summary Judgment

Nathan argued that the trial court erred in granting USAA's no-evidence motion for summary judgment. The court noted that Nathan did not present any evidence to raise genuine issues of fact on her claims. Even if her late response had been accepted, her affidavit contained only conclusory statements without specific evidence. The appellate court found no error in the trial court's judgment.

Conclusion

The Court of Appeals of Texas affirmed the trial court's summary judgment in favor of USAA General Indemnity, concluding that the trial court did not err in its rulings regarding the late summary judgment response, the motion to compel mediation, and the no-evidence summary judgment.

Keywords

Texas Court of Appeals, USAA General Indemnity, Joe and Shirley Nathan, storm damage insurance claim, summary judgment, no-evidence motion, mediation, breach of insurance policy, insurance litigation, Kaufman County, legal precedent.

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Meta Title: Texas Court of Appeals Affirms Summary Judgment for USAA in Nathan v. USAA General Indemnity

Meta Description: The Texas Court of Appeals affirms the trial court's summary judgment in favor of USAA General Indemnity, addressing issues related to a late summary judgment response, mediation, and no-evidence motion in an insurance dispute involving storm damage claims by Joe and Shirley Nathan.