TX STATETexas Court of Appeals, 11th District (Eastland)
2007

ISG State Operations, Inc. v. National Heritage Insurance Co.

234 S.W.3d 711Texas Court of Appeals, 11th District (Eastland) • Decided 2007Enforced
Lien WaiverCited 46 times

HOLDING

ISG, a minority-owned subcontractor, sued an insurance company for fraud and breach of contract related to a claims processing subcontract. The court ruled that a merger clause in the signed contract blocked ISG's fraud claims based on promises made before the contract was finalized. The court also rejected ISG's claim for lost profits from a future, unsigned contract. This case shows that once you sign a fully integrated contract with a merger clause, you generally cannot sue for fraud based on earlier verbal promises or representations about deals that never got executed.

KEY FINDINGS

Lien Waiver

A merger clause in your signed contract will block fraud claims based on pre-contract promises—get all important promises in writing before you sign

FULL COURT OPINION