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Allstate Fire & Casualty Insurance Co. v. Inclan

Court: Tx 13- Corpus/Edbrg  01/23/2020  Another Court of Appeals Holds that UM/UIM Claims Can Be Decided In a Declaratory Judgment Action

The Corpus Christi Court of Appeals joined the Texarkana and San Antonio Courts of Appeals in holding that an insured may use the Declaratory Judgment Act to pursue an uninsured/underinsured motorist claim against an insurer and is entitled to recovery attorneys' fees under the Act but found that the trial court erred as a matter of law when it awarded additional attorneys' fees against the insurer as a discovery sanction because the insurer had refused to admit that the other driver was at fault in response to requests for admission.

automobile liability insurance policy, uninsured motorist, underinsured motorist, UM/UIM, declaratory judgment, attorneys' fees, discovery

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