On Friday, October 2, 2020, the Texas Supreme Court granted Allstate’s Petition for Review in Cause No. 19-0885, Allstate Insurance Company v. Irwin, on appeal from the Fourteenth Court of Appeals. The case addresses the question of whether policyholders can recover attorneys’ fees in uninsured/underinsured (UM/UIM) cases that are pled as declaratory judgment actions. The Supreme Court’s previous decisions in Brainard and Henson would appear to foreclose recovery of attorneys’ fees in the absence of an underlying judgment establishing the liability of the tortfeasor and the amount of the claimant’s damages. Oral argument in Irwin is scheduled in the case for January 7, 2021.
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