Pool v. State Farm Lloyds, 6:24-cv-00154

Plaintiff, Randell G. Pool, held a homeowner's policy with State Farm Lloyds covering August 2019–August 2020.
Plaintiff made a claim on March 8, 2021, for storm damage allegedly occurring June 15, 2020; State Farm denied the claim on March 16, 2021, citing no covered damage.
Over a year later, Plaintiff invoked the policy's appraisal process; State Farm participated, and an appraisal award was issued in November 2022.
State Farm reiterated on December 12, 2022, that certain items in the appraisal award were not covered by the policy.
Plaintiff sued on February 13, 2024, alleging breach of contract, violations of the Texas Insurance Code, Deceptive Trade Practices Act, breach of good faith and fair dealing, and sought declaratory relief.
State Farm moved for summary judgment, arguing that all claims are time-barred based on a March 2021 accrual date.

Issue	Plaintiff's Argument	Defendant's Argument	Held
When did claims accrue for limitations purposes?	Accrual occurred December 12, 2022, after appraisal denial.	Accrual occurred March 16, 2021, with initial claim denial.	Claims accrued March 16, 2021, with initial denial.
Did appraisal/reconsideration restart limitations?	Yes; denial of appraisal or reinvestigation restarted time.	No; appraisal doesn't affect coverage or restart time.	Appraisal did not restart limitations period.
Are any claims timely?	Yes, under Plaintiff's accrual theory (Dec. 2022).	No, all claims expired by March 2023.	All claims are time-barred.
Is the no-evidence motion for summary judgment ripe?	N/A (contingent issue).	Irrelevant if all claims are time-barred.	Denied as moot.

De Jongh v. State Farm Lloyds, 664 F. App’x 405 (5th Cir. 2016) (claims accrue on date of written denial of insurance claim)
Provident Life & Acc. Ins. Co. v. Knott, 128 S.W.3d 211 (Tex. 2003) (accrual triggered by denial of coverage; limitations a question of law if undisputed)
Murray v. San Jacinto Agency, Inc., 800 S.W.2d 826 (Tex. 1990) (accumulation of cause of action for denial of insurance)
State Farm Lloyds v. Johnson, 290 S.W.3d 886 (Tex. 2009) (appraisal only determines amount, not coverage)