Brainard v. Trinity Universal Insurance Co.

This case presents the following issues: (1) whether uninsured/underin-sured motorist (UIM) insurance covers prejudgment interest that the underin-sured motorist would owe the insured in tort liability; (2) if so, how to apply settlement and personal injury protection (PIP) credits to the interest calculation; and (3) the circumstances under which an insured may recover attorney’s fees from the UIM insurer under Chapter 38 of the Civil Practice and Remedies Code. We hold that: (1) UIM insurance covers this prejudgment interest; (2) under the “declining principal” formula, each credit is…