Thursday, January 28, 2016

New Trial Set Aside by Mandamus

Originally published by Carrington Coleman.

The Fort Worth Court of Appeals granted mandamus to set aside a new-trial order, applying the new standards laid down by the Texas Supreme Court in Toyota Motor Sales and United Scaffolding. After a fender bender with an underinsured driver, Scott Newell asked his insurer, State Farm, to pay under its underinsured motorist coverage for neck surgery, significant pain, and other injuries he attributed to the accident. State Farm paid part of his claim, and he received some compensation from the other driver’s insurer. Unsatisfied, Newell sued State Farm for additional damages.

Curated by Texas Bar Today. Follow us on Twitter @texasbartoday.



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