Supreme Court of Texas Blog

No. 19-0885
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ALLSTATE INSURANCE COMPANY v. DANIEL WES IRWIN

Oral argument was held on January 7, 2021. The Court issued an opinion resolving the case on May 21, 2021. It then denied rehearing on September 3, 2021 File Closed

Opinions

May 21, 2021

Devine
Lehrmann
Boyd
Blacklock
Busby

Justice Devine delivered the opinion of the Court, in which Justice Lehrmann, Justice Boyd, Justice Blacklock, and Justice Busby joined. PDF

Hecht
Guzman
Bland
Huddle

Chief Justice Hecht delivered a dissenting opinion, in which Justice Guzman, Justice Bland, and Justice Huddle joined.View Electronic Briefs | Oral Argument PDF

 

Court of Appeals

Appellate District:4th Court of Appeals
Outcome Below:Affirmed
COA Docket No.:04-18-00293-CV
Opinion Author:Honorable Beth Watkins

Trial Court

Trial Court:224th District Court
County:Bexar
Trial Judge:Honorable John D. Gabriel
Trial Docket:2017CI03490

Entries on SCOTX Orders Lists

Docket Entries

Date Event Outcome  
2021-09-07 Case Stored  
2021-09-03 Mandate issued  
2021-09-03 Motion for Rehearing - Disposed Denied
2021-08-30 Amicus Curiae Brief received  
2021-08-05 Motion for Rehearing  
2021-08-05 Case forwarded to Court
2021-06-24 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-06-21 Motion for Extension of Time to File Motion for Rehearing  
2021-06-21 Electronic communication sent to Party  
2021-06-21 Response to Motion filed  
2021-06-05 Motion for Extension of Time to File Motion for Rehearing disposed   Filing granted
2021-06-04 Call received  
2021-06-01 Response to Motion filed  
2021-05-28 Motion for Extension of Time to File Motion for Rehearing  
2021-05-28 Electronic communication sent to Party  
2021-05-21 Dissenting opinion issued.   Issued
2021-05-21 Opinion issued   Court of appeals' judgment affirmed
2021-05-21 Court approved judgment sent to attorneys of record Issued
  This case was awaiting the Court's decision after oral argument between February 24, 2021 and May 21, 2021.  
2021-02-24 Letter Filed  
2021-01-28 Letter Filed  
2021-01-27 Amicus Curiae Letter Received  
2021-01-25 Post submission brief filed (Respondent)  
2021-01-11 Post submission brief filed (Petitioner)  
2021-01-07 Oral argument  
2020-12-31 Amicus Curiae Brief received  
2020-12-30 Submission Schedule
2020-12-29 Amicus Curiae Brief received  
2020-12-09 Letter sent to parties from Supreme Court - See Remarks  
2020-12-09 Oral Argument Submission Form from Attorney received  
2020-12-02 Amicus Curiae Brief received  
2020-11-30 Oral Argument Submission Form from Attorney received  
  This case was waiting for oral argument between October 2, 2020 and November 30, 2020.  
2020-10-02 Petition for Review granted
2020-10-02 Petition for Review disposed Filing granted
2020-10-02 Case set for oral argument   Case set for oral argument
2020-09-25 Amicus Curiae Brief received  
2020-09-17 Reply Brief (Petitioner)  
2020-08-07 Motion for Extension of Time disposed.   Filing granted
2020-08-06 Motion for Extension of Time to File Brief filed  
2020-08-03 Brief on the Merits (Respondent)  
2020-07-02 Call received  
2020-07-02 Motion for Extension of Time to File Brief filed  
2020-07-02 Motion for Extension of Time disposed.   Filing granted
2020-06-12 Brief on the Merits (Petitioner)  
2020-05-13 Motion for Extension of Time disposed.   Filing granted
2020-05-12 Motion for Extension of Time to File Brief filed  
2020-03-30 Motion for Extension of Time disposed.   Filing granted
2020-03-27 Notice received  
2020-03-27 Electronic communication received from Party  
2020-03-26 Electronic communication sent to Party  
2020-03-26 Motion for Extension of Time to File Brief filed  
2020-03-13 Brief on the Merits Requested  
2020-02-10 Amicus Curiae Brief received  
2020-01-21 Reply to Response (Petitioner)  
2020-01-07 Case forwarded to Court
2020-01-03 Response to Petition (Respondent)  
2019-12-05 Petition for Review (Petitioner)  
2019-11-04 Second Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-11-04 Second Motion for Extension of Time to File Petition for Review filed  
2019-10-01 Court reporter/recorder's record
2019-10-01 Motion for Extension of Time to File Petition for Review disposed   Filing granted
2019-10-01 Motion for Extension of Time to File Petition for Review filed  
2019-10-01 Court reporter/recorder's record
2019-10-01 Supplement to Clerk's/Reporter's Record
2019-10-01 Clerk's Record
2019-10-01 Court reporter/recorder's record

Parties

Party Counsel Role
Irwin, Daniel Wes
Ms. Amber Winer-Gebhart
Mr. Shawn Mechler
Mr. Thomas Andrew Crosley
 Respondent
Allstate Insurance Company
Ms. Jacquelyn Ann Chandler
Mr. Wallace B. Jefferson
Ms. Rachel Anne Ekery
Mr. Roger Higgins
Ms. Elizabeth Lee Thompson
Mr. John M. Causey
Mr. William J. Boyce
 Petitioner

Amici Curiae

Amicus Curiae Counsel
Defense Counsel of San Antonio
Mr. Michael DeNuccio
National Association of Mutual Insurance Companies
Ms. Lisa Ann Songy
Ms. Beth D. Bradley
Mr. Matthew P. Rigney
Insurance Council of Texas
Mr. Matthew P. Rigney
Ms. Lisa Ann Songy
Ms. Beth D. Bradley
American Property Casualty Insurance Association
Mr. Matthew P. Rigney
Ms. Beth D. Bradley
Ms. Lisa Ann Songy
Texas Trial Lawyers Association
Mr. Steven R. Samples
Mr. Jim M. Perdue Jr.
State Farm Mutual Automobile Insurance Company
Ms. Melissa A. Lorber
Farmers Texas County Mutual Insurance Company
Mr. Scot Graves Doyen
Mr. Dale Wainwright
Mr. Charles R. 'Skip' Watson Jr.
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