Harris County Court Dismisses Insurance Dispute, Awards $3K Fees
A security company obtained an automobile insurance policy. An employee was seriously injured in a hit-and-run accident while driving a company vehicle. The company filed a claim with the insurer, which was initially denied. The insurer eventually paid some benefits. The company then sued the insurer and an agency, alleging deceptive trade practices and breach of contract. The court dismissed the claims against the agency and awarded the agency attorney's fees.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $3,000
- County
- Harris County, TX
- Resolved
- 2015
Injury & Accident Details
- Injury Type
- Other
- Accident Type
- Other
- Case Type
- Economic Injury
Case Overview
A security company's employee was seriously injured in a hit-and-run accident in Texas City on December 22, 2012, while driving a company vehicle. The company held a commercial automobile insurance policy from an insurance carrier, obtained through an insurance agency, which included uninsured motorist coverage. Following the accident, the company filed a claim with its insurance carrier, which initially denied coverage, asserting that the company had declined uninsured motorist benefits. The company subsequently filed a claim with its workers' compensation carrier for the employee's medical expenses. The insurance carrier later paid the employee $30,000 in uninsured motorist benefits and $2,500 in personal injury protection benefits.
On March 25, 2015, the plaintiff company filed a lawsuit in the 127th District Court, Harris County, Texas, against both the insurance carrier and the insurance agency. The plaintiff alleged violations of the Texas Deceptive Trade Practices Act and the Insurance Code, as well as claims for breach of contract and breach of the duty of good faith and fair dealing. The defendant agency filed a motion to dismiss all claims against it, which the court granted on September 25, 2015, awarding the agency $3,000 in attorney's fees. The court subsequently granted the agency's motion to sever its case from the claims against the defendant carrier. The judgment in favor of the agency was later affirmed on appeal.
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