Litigating UM/UIM Claims In Texas

Law360, New York (March 16, 2010, 1:16 PM EDT) -- The Eastland Court of Appeals recently held that the insured cannot shift her burden of proof by talking to the jury in voir dire and throughout the trial about the insurer’s failure to pay underinsured motorist (“UIM”) benefits before the insured has even established a right to the benefits. Mid-Century Ins. Co. of Texas v. Synthia McLain, No. 11-08-00097-CV, 2010 WL 851407 (Tex. App.—Eastland March 11, 2010, n.w.h.) (memorandum opinion) (not designated for publication).

The case concerned a 2004 motor vehicle accident. The insured, Synthia McLain,...
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