Olivas v. State Farm Mutual Automobile Insurance Co.

OPINION

OSBORN, Chief Justice.

Case Summary

This case, decided in the trial court on special exceptions, involves the question of whether a party seeking to recover on an underinsured motorist insurance policy for injuries sustained in an accident with a third party, is barred as a result of a settlement of his tort claim for less than the full amount of the third party’s insurance coverage.

Facts

Salvador Olivas, while driving an automobile belonging to Dan McDowell, had an accident with a vehicle being driven by Alex Harrison IY. Harrison’s liability insurance policy had coverage limits of…