uninsured motorist claim (Texas) · Go Syfert
← Texas issues

uninsured motorist claim in Texas

15 Texas opinions name it 2 courts 1970–2016 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
State Farm Mutual Automobile Insurance Co. v. Wilborngreen
texapp · 1992 · cited in 5 Texas opinions naming this issue, 1993–2005
2 sentences

2005A The resolution of this conflict leaves but one decision to protect all interests involved and that is to order severance of the two causes of action and to abate the proceedings on the bad faith claim until final disposition of the uninsured motorist claim. @ Id.

1995In Wilbom, this Court held that the breach of contract claim and the extra-contractual claims had to be severed and the extra-contractual claims abated “until final disposition of the uninsured motorist claim,” i.e., the breach of contract claim. 835 S.W.2d at 262 .

15
Brainard v. Trinity Universal Insurance Co.green
tex · 2006 · cited in 1 Texas opinions naming this issue, 2013–2013
2 sentences

2013To do this, the plaintiffs must first prove that they had uninsured motorist coverage, that Silva, the other driver, negligently caused the accident and was uninsured, and the amount of their damages. 2 In so holding, the San Antonio Court of Appeals relied on the Texas Supreme Court’s reasoning in Brainard v. Trinity Universal Insurance Co., 216 SW.3d 809 (Tex. 2006), but acknowledged that Brainard involved a determination regarding when presentment of a contract claim was made in order to determine whether a party was entitled to attorney’s fees in accordance with Chapter 38 of the Texas Civ

2013See In re United Fire Lloyds, 327 S.W.3d 250, 257 (Tex. App.—San Antonio 2010, orig. proceeding) (discussing Brainard, 216 S.W.3d at 818 ). 8 See In re Reynolds, 368 S.W.3d at 652.

11
In Re United Fire Lloydsgreen
texapp · 2010 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013See In re United Fire Lloyds, 327 S.W.3d 250, 257 (Tex. App.—San Antonio 2010, orig. proceeding) (discussing Brainard, 216 S.W.3d at 818 ). 8 See In re Reynolds, 368 S.W.3d at 652.

11
Comsys Information Technology Services, Inc. v. Twin City Fire Insurance Co.green
texapp · 2004 · cited in 1 Texas opinions naming this issue, 2004–2004
1 sentence

2004The investigation is continued for bodily injury. @ [5] In Comsys Information Technology Services, Inc. v. Twin City Fire Insurance Co. and Specialty Risk Services, Inc. , this court held a month-and-a-half delay between settlement and a coverage opinion was arguably unreasonable and raised a fact issue about whether the insurer breached its duty to provide a coverage opinion and/or reservation of rights letter under Article 21.21 of the Texas Insurance Code. 130 S.W.3d 181, 200 (Tex. App. C Houston [14th Dist.] 2003, no pet. h.).

11
State Farm Lloyds, Inc. v. Polasekgreen
texapp · 1992 · cited in 1 Texas opinions naming this issue, 1993–1993
2 sentences

1993Arnold, 725 S.W.2d at 167 ; State Farm Lloyds, Inc. v. Polasek, 847 S.W.2d 279, 283 (Tex.App.—San Antonio 1992, no writ).

1993Arnold, 725 S.W.2d at 167 ; State Farm Lloyds, Inc. v. Polasek, 847 S.W.2d 279, 283 (Tex.App.—San Antonio 1992, no writ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Milligan v. State Farm Mutual Automobile Insurance green
texapp · 1997
2 sentences

2004The Milligan court held that the objectives of punishment and deterrence cannot be accomplished in an uninsured motorist claim because the wrongdoer is not even involved. 940 S.W.2d at 231 .

2004The Milligan court held that the objectives of punishment and deterrence cannot be accomplished in an uninsured motorist claim because the wrongdoer is not even involved. 940 S.W.2d at 231 .

32004–2004
United States Fire Insurance Co. v. Millard green
texapp · 1993
2 sentences

1995In United States Fire, the First Court of Appeals followed Wilbom’s rationale and directed the trial court to sever and abate all proceedings on the bad faith claim “pending full and final resolution of the plaintiffs’ uninsured motorist claim.” 847 S.W.2d at 676 .

1993Following that holding, the Court in United States Fire Insurance Company v. Millard, 847 S.W.2d 668 (Tex.App.—Houston [1st Dist.] 1993, orig. proceeding) ordered the trial court to sever an uninsured motorist claim from a bad faith claim and to abate the bad faith claims pending final resolution of the uninsured motorist claim.

21993–1995
Briones v. State Farm Mutual Automobile Insurance Co. green
texapp · 1990
1 sentence

2016Briones, 790 S.W.2d at 74 .

12016–2016
Arnold v. National County Mutual Fire Insurance Co. green
tex · 1987
2 sentences

1993Arnold, 725 S.W.2d at 167 ; State Farm Lloyds, Inc. v. Polasek, 847 S.W.2d 279, 283 (Tex.App.—San Antonio 1992, no writ).

1993Arnold, 725 S.W.2d at 167 ; State Farm Lloyds, Inc. v. Polasek, 847 S.W.2d 279, 283 (Tex.App.—San Antonio 1992, no writ).

11993–1993
Latham v. Mountain States Mutual Casualty Co. green
texapp · 1972
1 sentence

1986The Goens contend that the uninsured motorist clause applied under the theory of “indirect contact” as set out in Latham v. Mountain States Mutual Casualty Co., 482 S.W.2d 655 (Tex.Civ.App.— Houston [1st Dist.] 1972, writ ref’d n.r.e.).

11986–1986
Universal Life & Accident Insurance v. Shaw green
tex · 1942
2 sentences

1974Universal Life & Accident Insurance Co. v. Shaw, 139 Tex. 434 , 163 S.W. 2d 376 (1942).

1974Universal Life & Accident Insurance Co. v. Shaw, 139 Tex. 434 , 163 S.W. 2d 376 (1942).

11974–1974
United Furniture and Appliance Co. v. Johnson green
texapp · 1970
1 sentence

1970It is a companion case to United Furniture and Appliance Company v. Johnson et ux., 456 S.W.2d 455 decided June 24, 1970.

11970–1970

Where else courts name it

PA 60 (1974–2024) NY 57 (1976–2026) IL 49 (1971–2024) FL 39 (1964–2018) LA 34 (1966–2016) OH 28 (1974–2025) CA 27 (1967–2021) MO 21 (1970–2008) IN 20 (1970–2020) NJ 20 (1976–2020) TX 15 (1970–2016) CT 14 (1985–2015) GA 13 (1967–2024) MS 12 (1987–2025) RI 9 (1970–2010) OR 9 (1972–2007) AL 9 (1982–2016) KS 8 (1989–2022) OK 8 (1974–2000) AZ 8 (1970–2006) WV 7 (1994–2010) ID 7 (1981–2010) NM 6 (1978–2024) MI 6 (1972–2023) WI 6 (1990–2012) TN 6 (1976–2026) MD 5 (1981–2019) DE 5 (1982–2020) MN 4 (1999–2004) IA 4 (1978–2014) NC 3 (1967–2005) ME 3 (1987–2004) AK 3 (1978–2024) VA 3 (1992–2016) CO 2 (2005–2019) WY 2 (1991–1994) NH 2 (1999–2007) UT 2 (2000–2017) NE 2 (1969–1990) KY 2 (1992–2023) WA 2 (1971–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check