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)



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Texas Tech Law Review


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.



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


21 Tex. Tech L. Rev. 2249