Tex. Codes » Insurance Code · TITLE 10. PROPERTY AND CASUALTY INSURANCE · SUBTITLE C. AUTOMOBILE INSURANCE · CHAPTER 1952. POLICY PROVISIONS AND FORMS FOR AUTOMOBILE INSURANCE
Texas Codes

Tex. Ins. Code § 1952.106 (2026)

Recovery Under Underinsured Motorist Coverage

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Sec. 1952.106. RECOVERY UNDER UNDERINSURED MOTORIST COVERAGE. Underinsured motorist coverage must provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of underinsured motor vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor vehicle.

Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff. April 1, 2007.

Notes of Decisions
Cited in 41 cases (17 in the last 5 years), 2008–2026 · leading case: Allstate Ins. Co. v. Margaret Jordan, 503 S.W.3d 450 (Tex. App.—Texarkana 2016).
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Allstate Ins. Co. v. Margaret Jordan, 503 S.W.3d 450 (Tex. App.—Texarkana 2016). · cites it 2× “Tex. Ins. Code Ann. § 1952.106 (West 2009).”
Farmers Texas Cnty. Mut. Ins. Co. v. Okelberry, 525 S.W.3d 786 (Tex. App.—Houston [14th Dist.] 2017). · cites it 2× “The Law of UIM Coverage UIM coverage provides payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of un-derinsured motor vehicles because of bodily injury or property damage, hot to exceed the limit specified…”
In re Farmers Texas Cnty. Mut. Ins. Co., 509 S.W.3d 463 (Tex. App.—Austin 2015). · cites it 3× “See Tex. Ins. Code § 1952.106 (requiring UIM coverage to “provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of un-derinsured motor vehicles because of bodily injury or property damage, not to…”
In re Reynolds, 369 S.W.3d 638 (Tex. App.—Tyler 2012). “Tex. Ins. Code ANN. § 1952.106 (West 2009).”
In re Am. Nat'l Cnty. Mut. Ins. Co., 384 S.W.3d 429 (Tex. App.—Austin 2012). “Tex. Ins.Code Ann. § 1952.106 (West 2009) (emphasis added).”
Allstate Prop. & Cas. Ins. Co. v. Gutierrez, 281 S.W.3d 535 (Tex. App.—El Paso 2008). · cites it 2× “Tex.Ins. Code Ann. § 1952.106. We sustain Appellant’s second issue.”
Melancon v. State Farm Mut. Auto. Ins. Co., 343 S.W.3d 567 (Tex. App.—Houston [14th Dist.] 2011). “Tex. Ins.Code Ann. § 1952.106 (West 2009).”
White v. Davenport, 398 S.W.3d 802 (Tex. App.—Beaumont 2012). “See Tex. Ins. Code Ann. § 1952.106 (West 2009).”
Amy Warmbrod v. USAA Cnty. Mut. Ins. Co., 367 S.W.3d 778 (Tex. App.—El Paso 2012). “Warmbrod argues that the UIM provisions of her USAA policy is not a system of compensation under which the Army could be a third-party beneficiary because, under Texas Insurance Code § 1952.106, her UIM coverage is a contract between herself and USAA and gives her a legal right…”
Allstate Ins. Co. v. Daniel Wes Irwin, 606 S.W.3d 774 (Tex. App.—San Antonio 2019). · cites it 2× “TEX. INS. CODE ANN. § 1952.101(b); Ortiz v.”
In re Usaa Gen. Indem. Co., 624 S.W.3d 782 (Tex. 2021). · cites it 2× “See TEX. INS. CODE § 1952.106. When triggered, such coverage contractually requires the UIM carrier “to pay its insured the difference between the damages the insured is ‘legally entitled to recover’ from an at-fault motorist and the amount recovered or recoverable from the…”
In re USAA Gen. Indem. Co. v. The State of Texas, 629 S.W.3d 878 (Tex. 2021). · cites it 2× “7 See TEX. INS. CODE § 1952.106. 4 Baldor for any amount.”
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