HOUSTON – The 14th Courtroom of Appeals immediately vacated a trial courtroom order denying United Monetary Casualty’s movement to abate extra-contractual claims in a lawsuit introduced over uninsured motorist advantages.
The lawsuit was introduced by Elizabeth Echeverria, who was concerned in a motorized vehicle accident as a passenger in a car operated by an Uber driver. On the time of the incident, United Monetary insured the Uber driver. Echeverria made uninsured bodily harm claims underneath the coverage.
Based on the 14th Courtroom’s opinion, Echeverria filed go well with in opposition to United Monetary earlier than the events resolved the declare. The insurer then filed a movement to abate Echeverria’s extra-contractual claims, which was denied by the trial courtroom.
United Monetary filed a petition for writ of mandamus, arguing that the trial courtroom erred, courtroom information present.
“We conclude that the trial courtroom abused its discretion by denying United Monetary’s movement to abate Echeverria’s extra-contractual claims and that United Monetary doesn’t have an ample treatment by enchantment,” the opinion states. “Accordingly, we decide that United Monetary is entitled to the requested aid and order the trial courtroom to (1) vacate its June 6, 2022 order denying United Monetary’s movement to abate Echeverria’s extra-contractual claims and (2) grant United Monetary’s movement to abate the extra-contractual claims.
“We’re assured the trial courtroom will act in accordance with this order and can order the clerk of this courtroom to situation a writ of mandamus provided that the trial courtroom fails to conform.”
Case No. 14-22-00502-CV
