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

✓ current as of May 2026
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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. 2016).
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Allstate Ins. Co. v. Margaret Jordan, 503 S.W.3d 450 (Tex. App. 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. 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. 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. 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. 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. 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. 2011). “Tex. Ins.Code Ann. § 1952.106 (West 2009).”
White v. Davenport, 398 S.W.3d 802 (Tex. App. 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. 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 (Tex. App. 2019). · cites it 2× “TEX. INS. CODE ANN. § 1952.101(b); Ortiz v.”
in Re Usaa Gen. Indem. Co. (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 (Tex. 2021). · cites it 2× “7 See TEX. INS. CODE § 1952.106. 4 Baldor for any amount.”
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