Lofton v. Allstate Insurance Co.

The sole issue in this case is whether, in the absence of a postmark or a certificate of mailing, an attorney’s uncontroverted affidavit may establish a date of mailing for compliance with Tex.R.App.P. 4(b), commonly known as the mailbox rule. A majority of the Court holds that it can.

This ease began when Lofton sued his insurance company for failing to provide insurance benefits. A jury returned a verdict in his favor. The trial court, allowing an offset in the amount of money Allstate had already paid on the claim, reduced the jury’s award. Lofton, desiring to reinstate the verdict, sought…