Duncan v. Farmers Insurance Exchange

Plaintiff's Response To Defendant's Motion For Separate Trial On Exemplary Damages


Another common tactic of an insurance carrier is to try and bifurcate (i.e., separate) the trials on the contract violations and the trial on exemplary damages. In this case, however, our firm had already carefully pled in the original petition for no exemplary damages, but instead the statutory damages offered by the Texas Insurance Code (which offers up to three times actual damages for knowing/intentional violations of the Texas Insurance Code). The insurance carrier’s defense firm over-reached by filing a motion to separate the trials as to exemplary damages, because they neglected to read the exemplary damages statute, which specifically lists the Texas Insurance Code statute as an exception to the traditional rule for separation. Responding to the insurance carrier’s motion became a relatively simple matter.

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Reference Info:Legal Memoranda: Pre-Trial Motions | State, 5th Circuit, Texas | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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