Our client, Ernest Valdez, was forced to sue his own auto insurance company, State Farm, seeking a declaratory judgment allowing money from his own underinsured motorist coverage (UIM) benefits after a car crash caused a severe knee injury.
After a Bexar County jury trial, the jury awarded our client $103,324 in damages. After credits for prior settlements, this amount was reduced to $823. The trial court also ordered State Farm to pay $20,000 in attorney fees plus taxable court costs. State Farm appealed. State Farm argued that the attorney fees order by the Court under the Uniform Declaratory Judgment Act were not necessary because credits/offsets exceeded our client’s entitlement under the UIM policy.
The 4th Court of Appeals in San Antonio upheld the trial court’s judgment. State Farm then appealed to The Texas Supreme Court. The Texas Supreme Court declined to hear the case, ultimately affirming and accepting the trial court’s judgment.
Barratry Enforcement
PRESS RELEASE Joey McCutchen (479) 806-4878 Today, Sebastian County District Court Judge Amy Grimes delivered a guilty verdict against Leigh Ann “Annie” Saffer and David