Insurance lawyers in Fort Worth and elsewhere need to read this case regarding settlement credits and under-insured (UIM) coverage. It is from the Houston Court of Appeals [14th Dist.]. It is styled, Farmers Texas County Mutual Insurance Company v. Okelberry, et al.
Steven Okelberry and his wife, Patricia has UIM coverage with Farmers. Steven and his two sons were injured in an accident caused by an 18 wheeler insured by Home State. Steven suffered a neck injury requiring surgery and possibly future surgeries.
Home State settled Steven’s property damage claim for $20,066.12 out of a total policy limits of $750,000. Steven and his two sons sued the 18 wheeler company and its driver for their personal injuries.