Legal Opinion

Henson v. Southern Farm Bureau Casualty Insurance Co.

Texas Supreme Court

Decided April 13, 2000No. 99-0453PublishedCited by 96 opinions

1Opinion of the CourtJustice Enoch

The question is whether an insurer, obligated to pay uninsured/underinsured benefits, owes on top of those benefits prejudgment interest to be computed either from 180 days after a demand for those benefits has been made, or from the day a' suit is filed for those benefits. Because uninsured/underinsured insurers do not breach their contractual obligation to pay until tort Lability is established, we conclude that prejudgment interest begins running from the date liability of the uninsured/underinsured motorist is established. Consequently, Texas Farm Bureau Mutual Insurance Company and…

2Cases cited1 opinion

  1. Johnson & Higgins of Texas, Inc. v. Kenneco Energy, Inc.Texas Supreme Court · 1998

3Cited by96 opinions

  1. Brainard v. Trinity Universal Insurance Co.Texas Supreme Court · 2006
  2. Perry Hamburger, Plaintiff-Appellant-Cross-Appellee v. State Farm Mutual Automobile Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Fifth Circuit · 2004
  3. Allstate Insurance Co. v. BonnerTexas Supreme Court · 2001
  4. Breshears v. State Farm Lloyds, Texas Court of Appeals, 13th District2004
  5. Embrey v. Royal Insurance Co. of AmericaTexas Supreme Court · 2000

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