Allstate Insurance Co. v. Irwin

Court: Tx 4-San Antonio  08/21/2019  State Appellate Court Affirms Use of the UDJA to Declare Insured's Right to UM/UIM Coverage and Awards Insured Attorneys' Fees under the Act

The court distinguished Brainard in which the insured did not seek declaratory relief, finding that the Uniform Declaratory Judgments Act has broad application, including using it to establish the prerequisites to recover in a UM/UIM benefits case. The court also affirmed the award of attorneys' fees to the insured under the Act.

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Uniform Declaratory Judgments ActUM/UIMabuse of discretionAutomobile liability insurance policydeclaratory judgmentuninsured motoristunderinsured motoristdeclaratory reliefattorneys' fees

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