Texas Splty. Underwriters v. Tanner

3 Citing cases

  1. Farmers Grp. v. Geter

    NUMBER 13-18-00187-CV (Tex. App. Oct. 10, 2019)   Cited 1 times

    That is especially true in this case, where Farmers has been ordered to offer a renewal HO-B policy for 2002 and 2003, but the class members are under no mutual obligation to accept the offer. See Tex. Specialty Underwriters, Inc. v. Tanner, 997 S.W.2d 645, 648 (Tex. App.—Dallas 1999, pet. denied) (observing that "an insured cannot be forced to renew a policy that he does not want"); see also TLC Hosp., LLC, 570 S.W.3d at 771 ("[I]f the option is properly accepted the optionor is bound thereby and the optionee may obtain specific performance."); Smith v. Hues, 540 S.W.2d 485, 490 (Tex. App.—Houston [14th Dist.] 1976, writ ref'd n.r.e.) (noting that "mutuality of remedy at the inception of the contract is not an essential element in a suit for specific performance" where the party seeking specific performance has itself already performed). Under the trial court's order in this case, the Geter class members would be able to decide whether or not to pay for the retroactive renewal HO-B policy with full knowledge of whether or not they had sustained covered losses during the renewal policy period.

  2. Tex. Farm Bureau Underwriters v. Rasmussen

    410 S.W.3d 335 (Tex. App. 2013)   Cited 2 times

    Such a renewal must be at the request of the insured: “an insurer must renew an insurance policy, at the request of the insured, on the expiration of the policy.” Id.; see Tex. Specialty Underwriters, Inc. v. Tanner, 997 S.W.2d 645, 648–49 (Tex.App.-Dallas 1999, pet denied) (interpreting predecessor provision to provide insured with option to renew its policy if insurer does not provide thirty days' notice of nonrenewal). This provision does extend the policy, however, if the insured does not accept the offer of renewal by payment of the premium due.

  3. Tex. Farm Bureau Underwriters v. Rasmussen

    NO. 01-12-00992-CV (Tex. App. Jul. 11, 2013)

    Such a renewal must be at the request of the insured: "an insurer must renew an insurance policy, at the request of the insured, on the expiration of the policy." Id.; see Tex. Specialty Underwriters, Inc. v. Tanner, 997 S.W.2d 645, 648-49 (Tex. App.—Dallas 1999, pet denied) (interpreting predecessor provision to provide insured with option to renew its policy if insurer does not provide thirty days' notice of nonrenewal). This provision does extend the policy, however, if the insured does not accept the offer of renewal by payment of the premium due.