Recent Developments Muddle Texas Auto Insurance Rule

Law360 (March 31, 2021, 5:54 PM EDT) -- It has long been held that under Texas law, in order to recover underinsured or uninsured motorist, or UIM, benefits under an auto policy, the insured must establish that he or she is legally entitled to recover damages from the underinsured or uninsured motorist. This is otherwise known as the Brainard rule, stemming from the Texas Supreme Court's 2006 decision in Brainard v. Trinity Universal Insurance Co.[1]

Recent decisions by lowers courts, however, call into question the Brainard rule and the process by which to prove entitlement to UIM benefits and extracontractual claims against insurers. These cases steered away from the Brainard...

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