Supreme Court of Texas
State Farm Mut. Auto. Ins. Co. v. Nickerson, 04-0427
In the matter under review, the trial court erred in awarding plaintiff attorney's fees incurred during the trial since, per an opinion also issued today, an insured may recover attorney's fees under Chapter 38 of the Civil Practice and Remedies Code only if the insurer does not tender the UIM benefits within thirty days after the trial court signs a judgment establishing liability and underinsured status of the other motorist.
Appellate Information
- Argued 04/14/2005
- Decided 12/22/2006
- Published 12/22/2006
Judges
- Chief Justice JEFFERSON delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Michelle E. Robberson, Steven Dillon Roberts, Mark Anthony Teague, R. Brent Cooper, Cooper & Scully, P.C., Dallas, for petitioner., J. Wade Birdwell, Wallach, Andrews & Stouffer, P.C., Fort Worth, for Amicus Curiae Judith Moss, D.O.
- For Appellees:
- Jesse L. Nickerson III, Nickerson Law Office, James R. Rodgers, The Moore Law Firm, Paris, for respondent.