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Old 11-26-2007, 08:20 PM
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BARRY ADAIR BARRY ADAIR is offline
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Join Date: Mar 2007
Location: Land of Gar, TX
Posts: 418
Re: Texas Atty. General Renders Opinion about Liability Insurance
The AG is as ball-less as the rest of them in taking a stand and making a clear cut decision and has said nothing except the ball is now back in your court, deal with it until another case take precedence.

If you read all the way to the bottom, this ruling sends everything back to TREC to use previous actions as guidance.

Alas their Holy Grail.

We all know what that means as they made their decision back in June and these cases will also be able to be filed under the rules of the recovery fund, Double Jeopardy.

6) The Commission may find guidance for its decision about liability insurance coverage in actions it has taken in connection with negligent or incompetent conduct described in subsection G. The Commission may also find guidance in judicial orders about claims against the real estate inspection recovery fund, which is maintained "to reimburse aggrieved persons who suffer actual damages from an inspector's act in violation of Subchapter G." Tex. Occ. Code Ann. § 1102.351 (Vernon 2004). Judicial orders for payment from the real estate recovery fund based on an inspector's negligence or incompetence under subchapter G should shed light on the acts covered by this provision.
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