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Texas Fifth Court of Appeals (Dallas)
TASB-Linked Insurance Fund Loses Bid
To Quash ISD’s Breach of Contract Suit
Ruling: An ISD can continue to pursue a breach of contract claim against a self-insurance fund for governmental entities that refused to reimburse the district for a hail damage claim. Texas Association of School Boards Risk Management Fund v. Greenville ISD, No. 05-21-01012-CV. Issued July 19.

A three-member Fifth Court panel upheld a ruling by a trial judge to grant deny a request by the TASB Risk Management Fund — a self-insurance fund for governmental entities — to dismiss a lawsuit Greenville ISD filed against the fund for not paying a hail damage claim arising from a 2019 weather event.

TASB contended that GISD missed a deadline for filing a claim, and that the fund had immunity from being sued over the issues raised by the ISD. GISD disagreed, and claimed the funds’ adjuster had conducted a one-sided investigation of the claim and wrongly denied coverage.

The dispute was sent back to the trial court judge for further proceedings. (The TASB fund filed a notice of its intent to appeal to the Texas Supreme Court on Aug. 26.)