James Bradley Morrison v. James Campbell
Texas Court of Appeals, 2nd District (Fort Worth)
1Opinion of the Court
OPINION
LEE ANN DAUPHINOT, Justice.
In this agreed interlocutory appeal, James Bradley Morrison appeals from the trial court’s denial of his motion for summary judgment on the claim for loss of use damages brought against him by James Campbell. 1 Morrison’s vehicle struck Campbell’s motorcycle in an accident, and the motorcycle was damaged. Morrison argues that loss of use damages are not available to Campbell because his motorcycle was declared a total loss. Because we hold that damages for loss of use are available in total loss cases when the insurer unreasonably delays payment of a claim,…
2Cases cited38 opinions
- Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
- Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
- Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998
- Frost National Bank v. FernandezTexas Supreme Court · 2010
- 20801, INC. v. ParkerTexas Supreme Court · 2008
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