Legal Opinion

Farmers Texas County Mutual Insurance Co. v. Okelberry

Court of Appeals of Texas

Decided May 25, 2017No. 14-15-01081-CVPublishedCited by 6 opinions

1Opinion of the Court

OPINION

Ken Wise, Justice

This is a suit between an insured and his insurance company over the amount due to the insured from his underinsured motorist (UIM) coverage following a settlement in an underlying personal injury lawsuit. Appellant contends that the trial court erred in failing to offset the full amount of the settlement against the insurance company’s UIM policy limit. We hold that Farmers was entitled to a credit for the full amount of the settlement and so reverse and remand to the trial court to enter a judgment accordingly.

Factual Background

Appellee Steven Okelberry and his wife,…

2Cases cited21 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Mobil Oil Corp. v. EllenderTexas Supreme Court · 1998
  3. Brainard v. Trinity Universal Insurance Co.Texas Supreme Court · 2006
  4. Stockton Ex Rel. Stockton v. OffenbachTexas Supreme Court · 2011
  5. Elie Nassar and Rhonda Nassar v. Liberty Mutual Fire Insurance Company, Liberty Mutual Group, Dave Baker, Mary Hamilton, and Marcus SmithTexas Supreme Court · 2017

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3Cited by6 opinions

  1. Mary Ann Yamin, Texas Black Iron, Inc. and 5310 Woodway, LLC v. Carroll Wayne Conn, L.P, Texas Court of Appeals, 14th District (Houston)2018
  2. Alfred Elwess v. Texas Farm Bureau Mutual Insurance Company and Farm Bureau County Mutual Insurance Company of Texas, Texas Court of Appeals, 11th District (Eastland)2017
  3. Lewis Wright v. Jean Jones, Individually, and Dorothy Sharkey, as Next Friend and Agent of Jean Marie Wright, Texas Court of Appeals, 10th District (Waco)2023
  4. in Re Allstate Fire and Casualty Insurance Company, Texas Court of Appeals, 14th District (Houston)2021
  5. in Re: Central Mutual Insurance Company, Texas Court of Appeals, 12th District (Tyler)2022

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