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SOUTHEAST TEXAS RECORD

Friday, November 1, 2024

Justices vacate order denying United Financial’s motion to abate extra-contractual claims, suit over uninsured motorist benefits

State Court
Insurance

HOUSTON - The 14th Court of Appeals today vacated a trial court order denying United Financial Casualty's motion to abate extra-contractual claims in a lawsuit brought over uninsured motorist benefits. 

The lawsuit was brought by Elizabeth Echeverria, who was involved in a motor vehicle accident as a passenger in a vehicle operated by an Uber driver. At the time of the incident, United Financial insured the Uber driver. Echeverria made uninsured bodily injury claims under the policy.

According to the 14th Court’s opinion, Echeverria filed suit against United Financial before the parties resolved the claim. The insurer then filed a motion to abate Echeverria’s extra-contractual claims, which was denied by the trial court. 

United Financial filed a petition for writ of mandamus, arguing that the trial court erred, court records show. 

“We conclude that the trial court abused its discretion by denying United Financial’s motion to abate Echeverria’s extra-contractual claims and that United Financial does not have an adequate remedy by appeal,” the opinion states. “Accordingly, we determine that United Financial is entitled to the requested relief and order the trial court to (1) vacate its June 6, 2022 order denying United Financial’s motion to abate Echeverria’s extra-contractual claims and (2) grant United Financial’s motion to abate the extra-contractual claims. 

“We are confident the trial court will act in accordance with this order and will order the clerk of this court to issue a writ of mandamus only if the trial court fails to comply.” 

Case No. 14-22-00502-CV

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