Underinsured motorist coverage must provide for payment to the insured of all amounts that the insured is legally entitled to recover as damages from owners or operators of underinsured motor vehicles because of bodily injury or property damage, not to exceed the limit specified in the insurance policy, and reduced by the amount recovered or recoverable from the insurer of the underinsured motor vehicle.
Tex. Ins. Code § 1952.106
RECOVERY UNDER UNDERINSURED MOTORIST COVERAGE
Applied in 4 court decisions — leading case in Re Farmers Texas County Mutual Insurance Company (2015)
Most recently applied in Alfred Elwess v. Texas Farm Bureau Mutual Insurance Company and Farm Bureau County Mutual Insurance Company of Texas (December 2017)
Added by Acts 2005, 79th Leg., Ch. 727 (H.B. 2017), Sec. 2, eff
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.