Stracener v. United Services Automobile Ass'n

DOGGETT, Justice.

These two cases were submitted together because each presents the issue of how the underinsured status of a motor vehicle is to be determined pursuant to article 5.06-l(2)(b) of the Texas Insurance Code. Additionally, we must decide the proper construction of article 5.06-1(5) of the Texas Insurance Code which provides for a set off in the amount an injured person recovers from the tortfeasor’s insurer.

In Stracener v. United States [sic] Automobile Association, the First Court of Appeals held that the Straceners were not entitled to combine or “stack” the limits of…