Allstate Indem. Co. v. Forth, 204 S.W.3d 795 (Tex. 2006). · Go Syfert
Allstate Indem. Co. v. Forth, 204 S.W.3d 795 (Tex. 2006). Cases Citing This Book View Copy Cite
“because there are no allegations that the insured suffered damages ... we conclude that the trial court was correct to dismiss her suit.”
55 citation events (55 in the last 25 years) across 3 distinct courts.
Strongest positive: Rodney Beasley v. Farmers Texas County Mutual Insurance Company (texapp, 2018-01-24)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rodney Beasley v. Farmers Texas County Mutual Insurance Company (2×) also: Cited as authority (rule)
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
because there are no allegations that the insured suffered damages ... we conclude that the trial court was correct to dismiss her suit.
cited Cited as authority (rule) Native Oilfield Services, LLC v. Texas Chrome Transport, Inc., Headwaters Resources, Inc., MJR Truck Lines, Inc., and William \Willie\" Griffin"
Tex. App. · 2021 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex. 2006) (per curiam)).
discussed Cited as authority (rule) Jay Kay Bear Ltd v. Patty Martin (2×) also: Cited "see, e.g."
Tex. App. · 2015 · confidence medium
Co. v. Forth, 204 S. W.3d 795, 796 (Tex. 2006).
discussed Cited as authority (rule) Jerry L. Starkey, TBDL, L.P., and PBW Development Corporation v. Glen Graves
Tex. App. · 2014 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006) (per curiam) (reversing the judgment and dismissing the plaintiffs claims where the plaintiff did not allege that she suffered an actual or threatened injury).
discussed Cited as authority (rule) Pjetrovic, Medo v. 4HG Fannin Intestments, LLC
Tex. App. · 2013 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006) (per curiam) (plaintiff did not have standing to assert insurer settled her claim in arbitrary and unreasonable manner because she did not claim manner in which insurer settled claim caused her any injury).
discussed Cited as authority (rule) Hall v. Aetna Life Insurance
N.D. Fla. · 2010 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006) (finding that the plaintiff, who sued her former insurance company for settling her medical bills in an arbitrary and unreasonable manner, suffered no injury and therefore lacked standing to bring a breach of contract claim against her former insurer where she was not denied medical treatment and had no unreimbursed, out-of-pocket medical expenses).
cited Cited as authority (rule) Aviles v. Aguirre
Tex. · 2009 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006) (holding insured had no claim against insurer because, even though she had incurred medical expenses, insurer had discharged them).
cited Cited as authority (rule) Irving Holdings, Inc. v. Brown
Tex. App. · 2009 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006)).
discussed Cited as authority (rule) Robert A. Rakowski and Clear Creek Civic Association, Inc. v. Committee to Proctect Clear Creek Village Homeowners' Rights and Preserve Our Park
Tex. App. · 2008 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 795-96 (Tex.2006) (holding that insured lacked standing to sue her insurer for settling her medical bills in an allegedly arbitrary and unreasonable manner, but would have had standing if insured had asserted that she had unreimbursed, out-of-pocket medical expenses); Bland Ind. Sch.
discussed Cited as authority (rule) Rakowski v. COMM., PROT. CLEAR CREEK VILL.
Tex. App. · 2008 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 795-96 (Tex.2006) (holding that insured lacked standing to sue her insurer for settling her medical bills in an allegedly arbitrary and unreasonable manner, but would have had standing if insured had asserted that she had unreimbursed, out-of-pocket medical expenses); Bland Ind. Sch.
cited Cited as authority (rule) Daughters of Charity Health Services of Waco v. Linnstaedter
Tex. · 2007 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006) (holding insured who had no exposure for unreimbursed medical expenses had no standing to assert claim against her insurer for underpayment).
cited Cited as authority (rule) Leura Jean Girsh and Charles S. Girsh, Sr. v. Peggy St. John
Tex. App. · 2007 · confidence medium
Co. v. Forth , 204 S.W.3d 795, 796 (Tex. 2006).
cited Cited as authority (rule) Girsh v. St. John
Tex. App. · 2007 · confidence medium
Co. v. Forth, 204 S.W.3d 795, 796 (Tex.2006).
examined Cited "see" Farmers Texas County Mutual Insurance Company v. Rodney Beasley (4×)
Tex. · 2020 · signal: see · confidence high
See Forth, 204 S.W.3d 795 .
cited Cited "see" Beasley v. Farmers Tex. Cnty. Mut. Ins. Co.
Tex. App. · 2018 · signal: see · confidence high
See id.
Retrieving the full opinion text from the archive…
ALLSTATE INDEMNITY COMPANY, Petitioner,
v.
Pat FORTH, Individually and on Behalf of Others Similarly Situated, Respondent
05-0057.
Texas Supreme Court.
Apr 21, 2006.
204 S.W.3d 795
2006 Tex. LEXIS 279
2006 WL 1043529
Roger Higgins, Thompson Coe Cousins and Irons, L.L.P., Dallas, Jeffrey P. Len-nard, Sonnenschein Nath & Rosenthal LLP, Chicago, IL, for Petitioner., G. Laird Morgan, Stephen Gardner, Law Office of Stephen Gardner, PC, John M. Phalen Jr., Daniel Sheehan <& Associates, L.L.P., Dallas, for Respondent.
Per Curiam.
Cited by 19 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Court of Appeals of Texas (1)
PER CURIAM.

In this breach of contract suit, we consider whether an insured has standing to sue her insurance company for settling her medical bills in what the insured considered to be an arbitrary and unreasonable manner. In reversing the trial court and remanding the case for trial, the court of appeals concluded that the insured had standing even though the insured had no out-of-pocket expenses, and her health care providers had not, and now could not, collect any additional sum from her. 151 S.W.3d 732, 738. Because there are no allegations that the insured suffered damages or that the manner in which the insurance company settled the insured’s medical expenses caused her any injury, we conclude that the trial court was correct to dismiss her suit, and accordingly we reverse the court of appeals’ judgment.

Pat Forth’s daughter required medical treatment in 1997 as the result of an auto accident. The personal-injury-protection (PIP) of Forth’s Allstate auto insurance policy, covered “reasonable medical expenses incurred for necessary medical services.” Allstate settled Forth’s medical bills for less than the actual amount billed. Forth sued Allstate for injunctive and declaratory relief, alleging that it arbitrarily reduced her bills without using an independent and fair evaluation to determine what amount of her medical expenses were reasonable. According to Forth, Allstate routinely discounts medical expenses by comparing those charges to a third-party[*796] contractor’s computerized database. Allstate then offers about eighty-five percent of the medical expenses reflected in that database for the same treatment or procedure. Forth did not claim that Allstate’s conduct had caused her any damage.

In the trial court, Allstate filed a motion to dismiss, arguing that Forth lacked standing because she had no claim for damages, and Allstate had not caused her any actual injury. The trial court granted Allstate’s motion, and the court of appeals affirmed in part and reversed in part, holding that Forth lacked standing to seek prospective relief because Allstate no longer insured her, but that she could seek retrospective relief for any injury suffered while she was a policy holder. The court concluded that if a fair and independent evaluation of the medical bills revealed that Allstate paid less than the full amount of Forth’s “reasonable expenses,” then Forth could claim injury because the terms of the insurance contract required that reasonable expenses be paid.

The court of appeals relied on Black v. American Bankers Insurance Co. 1 and American Indemnity Co. v. Olesijuk [2] to support its view that the insured had standing to sue her insurance company despite its settlement of her medical claims to the apparent satisfaction of the medical providers. Both Black and Olesijuk held that the insurance companies’ obligation to pay under the respective policies was triggered by the insured’s incur-rence of medical expenses and was not affected by the fact that the insured had not, in fact, had to pay those expenses. In both cases, a third party paid the medical expenses, but the respective courts concluded that such fact did not alter the obligation of the insurance company to pay under its policy. Unlike the insurance companies in Olesijuk and Black, Allstate did not question whether Forth had incurred medical expenses and did not refuse to pay the medical providers. Instead, Allstate paid the medical bills according to its own evaluation.

Under Texas law, to have standing a party must have suffered a threatened or actual injury. [3] Forth does not claim that she has any unreimbursed, out-of-pocket medical expenses. She does not assert that these providers withheld medical treatment as a result of Allstate reducing their bills, or threatened to sue her for any deficiency, or harassed her in any other manner. Moreover, Forth has no exposure in the future because limitations has now run on the medical claims. [4] From all appearances, her medical providers have accepted the amount Allstate paid them without complaint, thereby satisfying Allstate’s obligation under the policy.

Because Forth does not claim that the manner in which Allstate settled her claim caused her any injury, we conclude that she does not have standing in this case. Accordingly, we reverse the court of appeals’ judgment and, without hearing oral argument, [5] render judgment dismissing Forth’s claims against Allstate.

1

. 478 S.W.2d 434 (Tex. 1972).

2

. 353 S.W.2d 71, 72 (Tex.Civ.App.-San Antonio 1961, writ dism'd w.o.j.).

3

. M.D. Anderson Cancer Ctr. v. Novak, 52 S.W.3d 704, 708-09 (Tex.2001).

4

. See TEX. CIV. PRAC. AND REM. CODE § 16.004. There is no indication in the record that Forth has, or ever will, suffer any financial consequences from Allstate’s settlement of her medical bills.

5

. See TEX. R. APP. P.59.1