Allstate Fire and Casualty Insurance Co. v. Alfred

Court: Tx 9-Beaumont  11/21/2019  Appellate Court Affirms Judgment for Insured Finding Insurer Waived its Right to Offset

The court agreed that the insurer's affirmative defense of offset for payment of PIP benefits was one on whcih the insurer did not present any evidence and did not request a jury instruction. The insurer's post-jury verdict attempt to reopen the evidence was denied in light of the insurer's lack of diligence on the issue.

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motion for entry of judgmentwaiver of offsetmotion to reopen evidenceaffirmative defenseUM/UIMAutomobile liability insurance policypersonal injury protection benefitsoffsetuninsured motorist coveragenon-duplication of benefits clause

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