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Writer's pictureMichael Ritter

FIRST IMPRESSIONS–INSURANCE, Whether the UDJA authorizes a declaration that an insured is legally en

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In Allstate Ins. Co. v. Irwin, No. 04-18-00293-CV, 2019 WL 3937281, at *3 (Tex. App.—San Antonio Aug. 21, 2019, no pet. h.), the court considered whether the UDJA authorizes a declaration that an insured is legally entitled to recover damages from his UIM carrier. The court followed the approach of the Texarkana court of appeals: “We agree that an insured can use the UDJA to establish the prerequisites to recovery in a UM/UIM case.”

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