law-express-warranty-claim | breach of warranty | breach of contract


although breach of warranty and breach of contract are distinct causes of action with separate remedies, an
express warranty is part of the basis of the bargain and contractual in nature.  Med. City Dallas, Ltd. v. Carlisle
Corp., 251 S.W.3d 55, 60 (Tex. 2008).  Consequently, when ascertaining the parties' intentions in a warranty,
we look to well-established rules for interpretation and construction of contracts.  Id. at 61.
The Methodist Hospital v. Zurich American Inc. Co. (Tex. App. - Houston [14th Dist.] Jul. 7, 2009) (Seymore)
(
INSURANCE LITIGATION: insured's suits against worker's compensation carrier alleging wrongful payment of
noncompensable injury claims within the deductible)(
insurer's duty of good faith and fair dealings, negligent
claims handling,
express warranty claim, breach of warranty - elements, conclusory affidavit)
AFFIRMED: Opinion by
Justice Seymore     
Before Justices Frost, Seymore and Guzman   
14-07-00663-CV The Methodist Hospital v. Zurich American Insurance Company, Tamera McKinney and Mary
Vu   
Appeal from 280th District Court of Harris County
CONCURRING:
Concurring Opinion by Justice Frost (higlighting applicable binding Supreme Court precedent)   
  



TEXAS CAUSES OF ACTION ELEMENTS | HOUSTON CASE LAW | HOUSTON COURTS OF APPEALS |
TEXAS COURT OF APPEALS OPINIONS
HOUSTON OPINIONS HOME PAGE