Hope v. Allstate Insurance Co.

OPINION

HILL, Justice.

Curtis and Betty Hope appeal from the judgment awarding them damages of $136,000, prejudgment interest and attorney’s fees, following trial by jury. Their suit was brought against their insurer, Allstate Insurance Company, and Allstate’s agent, Roger Uminski. The judgment was rendered jointly and severally against both defendants. In three points of error the Hopes complain of the trial court’s failure to treble their damages in accordance with article 21.21 of the Texas Insurance Code, as it existed prior to 1985 amendments which eliminated the mandatory trebling feature…