ALLSTATE INS. CO. v. LINCOLN

No. 10-97-224-CV.

976 S.W.2d 873 (1998)

ALLSTATE INSURANCE COMPANY, Appellant, v. Yvonna LINCOLN, Appellee.

Court of Appeals of Texas, Waco.

Opinion Denying Rehearing October 8, 1998.


Attorney(s) appearing for the Case

Andy McSwain, Fulbright, Winniford, Bice & Marable, Waco, for appellant.

M. Charles Gandy, Searcy & Gandy, P.C., College Station, for appellee.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.


OPINION

VANCE, Justice.

In this appeal we decide that a determination of the amount of damages is not a prerequisite to "presentment" of a claim leading to an award of attorney's fees for failure to pay under an underinsured motorist ("UIM") liability policy.

Yvonna Lincoln was involved in an automobile accident with Rachel Garcia in which Garcia's vehicle struck the rear of Lincoln's. Garcia had insurance coverage of $20,000, and her company paid...

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