Fodge v. American Motorist Insurance Co.

OPINION

POFF, Justice (Retired).

Barbara Anne Fodge sued American Motorists Insurance Company and Thom Gibson (collectively “AMICO”) for breach of the duty of good faith and fair dealing and violations of the Texas Deceptive Trade Practices Act (DTPA), and article 21.21 of the Texas Insurance Code. Fodge alleged that AMICO delayed, underpaid or denied certain medical benefits on her behalf. The trial court granted AMICO’s plea to the jurisdiction and motion to dismiss. In two points of error, Fodge contends the trial court erred in granting the plea to the jurisdiction and motion to dismiss, or…