Skip to content

Cother v. Amguard Insurance Co.

Court: WD Tx  11/06/2023   Declaratory Judgment Claim is Moot in Claim Involving Payment of Uninsured/Underinsured Motorists Benefits

A court of the Western District of Texas resolved a motion for summary judgment, declaratory judgment, and motion to sever and abate, holding that an insurer did not breach the contract, act in bad faith, or violate the Texas Insurance Code when it required an injured claimant to provide proof of underinsured status before it tendered payment of benefits, there was no case or controversy before the court because the parties agreed that underinsured motorists benefits applied and therefore the insured's claim for a declaratory judgment was moot, and bifurcation of extra-contractual claims was unnecessary because the entire case could be resolved on summary judgment.

Reviewing the Case Document is for members only. Please login

Back To Top

Forgot Password?

Join Us