Montanye v. Transamerica Insurance Co.

OPINION

SMITH, Justice.

This is a case involving the construction of Tex.Ins.Code Ann. art. 5.06-1 (Vernon 1980) and in particular, insurance policy provisions providing for “underinsured” motorist coverage.

The appellant, Janet Leigh Montanye, initially filed suit against Edward von Drak for personal injuries arising out of an automobile collision wherein Ms. Montanye was riding as a passenger in Mr. von Drak’s automobile. Subsequently suit was also brought against the appellee, Transamerica Insurance Company, to recover benefits under the underinsured motorists provisions of a policy of…