Nationwide Mutual Insurance Co. v. Holmes

OPINION

REEVES, Chief Justice.

This appeal challenges a judgment against an insurance company that is based on a Stowers 1 cause of action and the Deceptive Trade Practices Act (DTPA).

The appellee asserts in a cross-point that the trial court erred by not awarding him mandatory statutory damages under Section 17.50(b)(1) of the DTPA since he was awarded actual damages.

FACTS

Dr. Peter Holmes, appellee, had a traffic accident in Houston with Jimmy Matheny on April 3, 1985. The appellee hit the Matheny vehicle when the car in front of him stopped suddenly. Jimmy Matheny’s wife, Glenda Matheny, was…