Legal Opinion

James Bradley Morrison v. James Campbell

Texas Court of Appeals, 2nd District (Fort Worth)

Decided January 16, 2014No. 02-13-00174-CVPublishedCited by 4 opinions

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

  1. Mann Frankfort Stein & Lipp Advisors, Inc. v. FieldingTexas Supreme Court · 2009
  2. Travelers Insurance Co. v. JoachimTexas Supreme Court · 2010
  3. Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998
  4. Frost National Bank v. FernandezTexas Supreme Court · 2010
  5. 20801, INC. v. ParkerTexas Supreme Court · 2008

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3Cited by4 opinions

  1. J & D Towing, LLC v. American Alternative Insurance Corp.Texas Supreme Court · 2016
  2. American Alternative Insurance Corporation v. Robert Davis and J&D Towing, LLC, Texas Court of Appeals, 10th District (Waco)2014
  3. American Alternative Insurance Corporation v. Robert Davis and J&D Towing, LLC, Texas Court of Appeals, 10th District (Waco)2014
  4. Mayphous Collins and Akilah Collins v. Lesha Strausz and Plano Collision Center, Inc. D/B/A AutoNation Collision Center Plano, Texas Court of Appeals, 2nd District (Fort Worth)2021

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