Legal Opinion

State Farm Mutual Automobile Insurance Co. v. Brown

Texas Court of Appeals, 1st District (Houston)

Decided February 25, 1999No. 01-98-00045-CVPublishedCited by 3 opinions

1Opinion of the Court

OPINION

MARGARET GARNER MIRABAL, Justice.

In this car insurance coverage case, State Farm Mutual Automobile Insurance Company (State Farm) appeals from a summary judgment in favor of the insured, Jack Brown. We must decide whether an insurer is entitled to offset payments owed under an uninsured/underinsured (UM) motorist clause with payments made to the insured under a personal injury protection (PIP) clause pursuant to a policy offset provision. Concluding the offset is permissible, we reverse and render.

Facts

The parties stipulated to the following facts in the trial court:

1. On April 10,…

2Cases cited16 opinions

  1. Randall's Food Markets, Inc. v. JohnsonTexas Supreme Court · 1995
  2. Jones v. StraussTexas Supreme Court · 1988
  3. National Union Fire Insurance Co. of Pittsburgh v. Hudson Energy Co.Texas Supreme Court · 1991
  4. Brown v. American Transfer & Storage Co.Texas Supreme Court · 1980
  5. Barnett v. Aetna Life Insurance Co.Texas Supreme Court · 1987

11 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Mid-Century Insurance Co. of Texas v. KiddTexas Supreme Court · 1999
  2. Hanson v. Republic Insurance Co., Texas Court of Appeals, 1st District (Houston)1999
  3. Victor M. Zurita, D.D.S. v. Fernando Lombana, M.D. and Heights Medical and Dental Center Corp., Texas Court of Appeals, 1st District (Houston)2003

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