Legal Opinion
Discover Property & Casualty Insurance Co. v. Tate
Texas Court of Appeals, 4th District (San Antonio)
Decided August 26, 2009No. 04-08-00757-CVPublishedCited by 14 opinions
1Opinion of the Court
OPINION
Opinion by:
PHYLIS J. SPEEDLIN, Justice.
Discover Property & Casualty Insurance Company (“Discover”) appeals an award of attorney’s fees against it under section 408.221(e) of the Texas Workers’ Compensation Act. Because we hold the trial court erred in denying Discover’s right to a jury trial on the amount of reasonable and necessary attorney’s fees, we reverse and remand for a new trial on attorney’s fees.
Factual and PROCEDURAL Background
Charles Tate, a maintenance mechanic, was injured during the course of his employment when he fell from a ladder. Tate sought workers’ compensation…
2Cases cited25 opinions
- Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992
- Bocquet v. HerringTexas Supreme Court · 1998
- Arthur Andersen & Co. v. Perry Equipment Corp.Texas Supreme Court · 1997
- Texas Department of Transportation v. City of Sunset ValleyTexas Supreme Court · 2004
- Acker v. Texas Water CommissionTexas Supreme Court · 1990
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Texas Mutual Insurance Co. v. Boetsch, Texas Court of Appeals, 5th District (Dallas)2010
- AUSTIN ISD v. Manbeck, Texas Court of Appeals, 3rd District (Austin)2011
- New Hampshire Insurance Company v. Peggy C. Allison, Texas Court of Appeals, 1st District (Houston)2013
- American Zurich Insurance Company v. Daniel Samudio, Texas Court of Appeals, 1st District (Houston)2015
- Austin ISD, Self-Insured v. Charles M. Manbeck, Texas Court of Appeals, 3rd District (Austin)2011
9 more not listed; retrieve them via the Exa API.