insured asserts claim (Texas) · Go Syfert
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insured asserts claim in Texas

7 Texas opinions name it 1 courts 2012–2021 1 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 (3)

CaseFollowedCited
In Re United Fire Lloydsgreen
texapp · 2010 · cited in 5 Texas opinions naming this issue, 2012–2018
2 sentences

2018Co., 395 S.W.3d 229, 237 (Tex. App.—El Paso 2012, orig. proceeding) (“In a case where an insured asserts a claim for uninsured/underinsured benefits, abatement of the extra-contractual claims is required in most instances.”); United Fire Lloyds, 327 S.W.3d at 256 (applying Brainard to issue of abatement and concluding insurer should not be required to incur litigation expenses on claims that could be rendered moot by the portion of the trial related to UIM benefits).

2012See In re United Fire Lloyds, 327 S.W.3d 250, 257 (Tex.App.-San Antonio 2010, orig. proceeding); U.S. Fire Ins.

55
In Re Millergreen
texapp · 2006 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021Co., No. 07-11-00396-CV, 2011 WL 4916303 , at *1–2 (Tex. App.—Amarillo Oct. 17, 2011, orig. proceeding) (denying mandamus because complaint was not preserved but –7– agreeing that abatement of extra-contractual claims is required in most instances when an insured asserts claim to uninsured motorist benefits); In re Miller, 202 S.W.3d 922, 926 (Tex. App.—Tyler 2006, orig. proceeding) (upheld severance in a UM case).

11
in Re: State Farm Automobile Insurance Companygreen
texapp · 2012 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Co., 395 S.W.3d 229, 237 (Tex. App.—El Paso 2012, orig. proceeding) (“In a case where an insured asserts a claim for uninsured/underinsured benefits, abatement of the extra-contractual claims is required in most instances.”); United Fire Lloyds, 327 S.W.3d at 256 (applying Brainard to issue of abatement and concluding insurer should not be required to incur litigation expenses on claims that could be rendered moot by the portion of the trial related to UIM benefits).

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 (1)

CaseCitedYears
in Re Allstate County Mutual Insurance Company green
texapp · 2014
1 sentence

2019Id.

12019–2019

Where else courts name it

TX 7 (2012–2021) LA 2 (1985–2018) SD 2 (1999–1999)

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.

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