The second case is State Farm Lloyds v. Fitzgerald, 2000 WL 1125217 (Tex. App. 2000). We should note that this opinion was withdrawn from publication September 12, 2000, so it cannot be used as a precedent. In this case, the insureds spent considerable time negotiating settlement with the insurer's adjuster. Contractors who were approached to make the necessary repairs refused to work for the amount offered. Almost a year after the loss, and seven months after the insurer agreed to pay the claim, the insureds received a check for substantially less than any contractor agreed to accept. The insurer then terminated additional living expense payments. The insureds had to move back into the home while a contractor attempted repairs, but work ceased when the city inspectors found substandard methods and materials and "red-tagged" the home. At trial, the insurer said it presumed work had begun months earlier and that was the reason for denial of continued ALE, but the court noted the insurer's adjuster had visited the home on several occasions and knew when work began. Therefore, the court found for the insureds due to the contractual and statutory theories of liability.

 Both these cases illustrate the necessity of documentation and working with the insurer to achieve resolution.