Northwestern National County Mutual Insurance Co. v. Rodriguez

OPINION

Opinion by:

ALMA L. LÓPEZ, Justice.

This court’s opinion dated January 31, 2000 is withdrawn, and this opinion is substituted. We substitute this opinion to correct errors in footnote 1 and to correct the spelling of trial judge’s name in the body of the opinion. Our original opinion remains the same in all other respects.

Can an insured motorist, in settling claims with her insurance carrier, reserve for later determination that she is legally entitled to statutory penalties and attorney’s fees? We hold that she can, and for the reasons stated in this opinion, we affirm the judgment of…