Suit Against Uninsured Motorized as Condition Precedent to Recovery From Insurer

Date

1970

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Analysis the Texas Supreme Court’s case Automobile Insurance Co. v. Matlock. In Matlock, the Court held that Texas allows for direct suit against an automobile insurer, without a prior suit against the uninsured motorist to determine liability and damages. The Court reasoned that requirement of the adjudication of duplicative issues was contrary to the judicial goal of expediency. This holding moves Texas to the majority view on the issue, and, the author argues, satisfies the intent of the legislature in the Texas Insurance Code.

Description

Keywords

Uninsured motorist, Texas Insurance Code, Automobile Insurance Co. v. Matlock, Case note

Citation

2 Tex. Tech L. Rev. 144