Legal Opinion

DeLaGarza v. State Farm Mutual Automobile Insurance Co.

Texas Court of Appeals, 5th District (Dallas)

Decided November 3, 2005No. 05-04-00829-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

Opinion by

Justice MORRIS.

In this appeal from a summary judgment, Juan DeLaGarza appeals the trial court’s adverse judgment on his claims for damages and attorney’s fees under former article 21.55 of the Texas Insurance Code 1 and his claim for attorney’s fees under section 38.001 of the Texas Civil Practice and Remedies Code. DeLaGarza argues there are material fact issues regarding State Farm Mutual Automobile Insurance Company’s liability under article 21.55. DeLaGarza further argues that State Farm’s motion for summary judgment did not address his claim for attorney’s fees under…

2Cases cited2 opinions

  1. McIntyre v. Wilson, Texas Court of Appeals, 5th District (Dallas)2001
  2. Menix v. Allstate Indemnity Co., Texas Court of Appeals, 11th District (Eastland)2002

3Cited by9 opinions

  1. Brainard v. Trinity Universal Insurance Co.Texas Supreme Court · 2006
  2. In Re Slavonic Mutual Fire Insurance Ass'n, Texas Court of Appeals, 14th District (Houston)2010
  3. DeLaGarza v. State Farm Mutual Automobile Insurance Co., Texas Court of Appeals, 5th District (Dallas)2005
  4. Barbara Technologies Corporation v. State Farm LloydsTexas Supreme Court · 2019
  5. Kevin Tower v. Bank of America, N.A., Texas Court of Appeals, 3rd District (Austin)2015

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