Supreme Court of Texas
Brainard v. Trinity Universal Ins. Co., 04-0537
Uninsured/underinsured motorist (UIM) insurance covers prejudgment interest that the underinsured motorist would owe the insured in tort liability. Under the "declining principal" formula, each settlement and personal injury protection credit is applied to the interest calculation according to the date on which it was received. Finally, an insured may recover attorney-s fees under Chapter 38 only if the insurer does not tender UIM benefits within thirty days after the trial court signs a judgment establishing the 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:
- Bryan W. Scott, Katy, for Petitioner.
- For Appellees:
- Gregory R. Ave, Walters, Balido & Crain, L.L.P., Dallas, for Respondent.