American General Fire & Casualty Co. v. Oestreich

McCLOUD, Chief Justice.

This case involves the construction of Tex.Ins.Code Ann. art. 5.06-1 (Vernon 1980), and certain insurance policy provisions providing for “underinsured” motorist coverage.

Insureds, Jerry Oestreich and wife, Doris Oestreich, individually and as next friends of their minor daughter, Julie Diane Oest-reich, sued their insurer, American General Fire & Casualty Company, seeking recovery under the underinsured motorist provisions of their policy. The facts were stipulated. The trial court rendered judgment for the plaintiffs for $10,000. American General Fire & Casualty…