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Burgess v. Allstate Fire & Casualty Insurance Co.

Court: Tx 3-Austin  11/24/2021  Court Reverses Judgment For UIM Insurer and Remands Extra-Contractual Claims to Trial Court

The Court found that the Insurer may have liability for extra-contractual injuries if it unreasonably delays payment of a claim for UIM benefits until after the insured obtains a determination of the tortfeasor's liability and under-insured status, and further held that the insured's claim for mental anguish damages was a claim for an injury that was independent of her right to recover policy benefits.

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