law-UIM-coverage-disputes | insurance litigation |
It is a plaintiff's burden in an underinsured motorist claim to prove (1) that an insurance contract existed under
which she had underinsured motorist coverage, (2) that her damages are covered damages, (3) that these
damages were proximately caused by the negligent act or omission of another driver, (4) that the negligent
driver was underinsured, and (5) that all other applicable policy provisions have been satisfied. See Allstate
Ins. Co. v. Bonner, 51 S.W.3d 289, 291-92 (Tex. 2001).
Yasuda Fire and Marine Insurance Company of America v. Criaco (Tex.App.- Houston [14th Dist.] Jun. 7,
2007)(Frost) (insurance law, PI-auto, workers comp, UIM coverage, settlement agreement, Rule 11, standing,
attorney's fee recovery) REVERSED AND RENDERED: Opinion by Justice Frost
Before Justices Anderson, Edelman and Frost
14-05-00851-CV Yasuda Fire and Marine Insurance Company of America, Sompo Japan Insurance Co. of
America v. Miller Criaco d/b/a Criaco & Corteguera
Appeal from 405th District Court of Galveston County (Judge Wayne J. Mallia)
Dissenting Opinion by Justice Edelman Yasuda Fire and Marine Ins. Co. of America v. Criaco (Edelman,
dissenting)
Charida v. Allstate Indemnity Co. (Tex.App.- Houston [1st Dist.] Apr. 17, 2008)(Higley)
(auto insurance law, no UM/UIM coverage not for family members where accident caused by policy holder)
AFFIRM TC JUDGMENT: Opinion by Justice Higley
Before Justices Nuchia, Hanks and Higley
01-07-00278-CV Amal Charida v. Allstate Indemnity Company and Fawzi Shreida
Appeal from 151st District Court of Harris County
Trial Court Judge: Hon. Caroline E. Baker
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