This presentation provided an overview of uninsured motorist and under-insured motorist claims and focused on updates to the UM/UIM doctrine in Texas based on any statutory revisions as well as appellate-court caselaw. A special emphasis was placed on specific policy provisions that drive the majority of disputed UM/UIM claims, as well as extra-contractual and bad faith claims. The presentation also included a discussion of recent trends in litigating UM/UIM claims, including the attempt to use the Declaratory Relief Act as a means for circumventing Brainard and Nickerson in order to make an arguable claim for attorneys’ fees.
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