A Motorist is Underinsured Under Texas Insurance Code Article 5.06-1(2)(b) Whenever His Liability Insurance Proceeds are Insufficient to Compensate for the Injured Party’s Actual Damages: Stracener v. United Services Automobile Association, 777 S.W.2d 378 (Tex. 1989)

Date

1990

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Addresses Texas Supreme Court cases that set the precedent for determining the underinsured status of a motorist pursuant to Article 5.06-1(2)(b) of the Texas Insurance Code and whether set-off should be subtracted from the amount of actual damages incurred by the underinsured motorist or from the underinsured motorist coverage limits. In the Stracener case, the court adopted a “broad coverage” view of underinsured motorist coverage.

Description

Keywords

Underinsured, Underinsured motorist coverage limits, Set-off, Damages, Texas Insurance Code, Liability insurance proceeds, Stracener v. United Services Automobile Association, Broad coverage, Auto insurance, Car insurance

Citation

21 Tex. Tech L. Rev. 2249