No. 14-0574
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Oral argument was held on September 22, 2015. The Court issued an opinion resolving the case on January 8, 2016. File Closed
Tracking 1 article about this case.
May 1, 2015
from SCOTXblog
The article also mentions:
Justice Willett delivered the opinion of the Court, in which Chief Justice Hecht, Justice Green, Justice Guzman, Justice Lehrmann, Justice Boyd, Justice Devine, and Justice Brown joined, and in Parts I, II.B, III.C, and IV of which Justice Johnson joined. PDF
| Appellate District: | 10th Court of Appeals |
| Outcome Below: | Reverse & Render |
| COA Docket No.: | 10-13-00275-CV |
| Opinion Author: | Honorable Al Scoggins |
| Trial Court: | 12th |
| County: | Walker |
| Trial Judge: | Honorable Donald L. Kraemer |
| Trial Docket: | 25,900-A |
| Date | Event | Outcome | |
|---|---|---|---|
| 2016-02-18 | Mandate issued | ||
| 2016-01-08 | Court approved judgment sent to attorneys of record | Issued | |
| 2016-01-08 | Opinion issued | Court of Appeals' judgment reversed & judgment rendered | |
| This case was awaiting the Court's decision after oral argument between September 22, 2015 and January 8, 2016. | |||
| 2015-09-22 | Oral argument | ||
| 2015-08-21 | Oral Argument Submission Form from Attorney received | ||
| 2015-07-17 | Oral Argument Submission Form from Attorney received | ||
| 2015-07-10 | Case set for oral argument | Case set for oral argument | |
| This case was waiting for oral argument between May 1, 2015 and July 10, 2015. | |||
| 2015-05-01 | Petition for Review granted | ||
| 2015-05-01 | Petition for Review disposed | Filing granted | |
| This case was pending on merits briefs between February 24, 2015 and May 1, 2015. | |||
| 2015-02-24 | Reply Brief (Petitioner) | ||
| 2015-02-09 | Brief on the Merits (Respondent) | ||
| 2015-01-20 | Brief on the Merits (Petitioner) | ||
| 2015-01-08 | Case Record Filed | ||
| 2014-12-23 | Record Requested in Petition for Review | ||
| 2014-12-19 | Brief on the Merits Requested | ||
| This case was waiting for a decision about briefing or a possible grant between October 27, 2014 and December 19, 2014. | |||
| 2014-10-27 | Response to Petition (Respondent) | ||
| 2014-09-26 | Supreme Court of Texas Requested Response | ||
| 2014-08-26 | Case forwarded to Court | ||
| 2014-07-25 | Petition for Review (Petitioner) |
| Party | Counsel | Role | ||
|---|---|---|---|---|
| American Alternative Insurance Corporation |
|
Respondent | ||
| J&D Towing, LLC, |
|
Petitioner |
The case involves a tow truck that was rendered a total loss by a vehicle accident. The truck was the sole vehicle used by a small towing company. The towing company reached a settlement with the other driver that would compensate it for the market value of the lost truck, but that driver’s policy limits ($25,000) did not permit recovery for additional damages. The towing company then sued its own insurance carrier, arguing that its uninsured/underinsured motorist protection should also cover the company’s damages from loss-of-use of the truck.
The district court ruled in favor of the towing company, rendering a judgment of $22,500 in additional damages. The court of appeals reversed, concluding that Texas law bars any recovery for this type of consequential loss-of-use damages when a piece of property is damaged beyond repair.
The towing company filed a petition for review, arguing that there is a split in Texas law on this question. The Texas Supreme Court has now granted the petition.
