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MID-CENTURY INS. CO. OF TEXAS v. KIDD

Nos. 98-0800, 98-1024.

997 S.W.2d 265 (1999)

MID-CENTURY INSURANCE COMPANY OF TEXAS, Petitioner, v. Jack KIDD, Respondent. Nationwide Mutual Insurance Company, Petitioner, v. Catherine Gerlich, Respondent.

Supreme Court of Texas.

Decided July 1, 1999.

Attorney(s) appearing for the Case

Steven L. Hughes, Kurt G. Paxson, James A. Martinez, El Paso, for Petitioner Mid-Century Ins. Co. of Texas.

Evelina Ortega, Mara Asya Blatt, El Paso, for Respondent Kidd.

Melvin A. Krenek, Andrew Robert Kunau, San Antonio, Steven L. Hughes, Kurt G. Paxson, El Paso, for Petitioner Nationwide Mut. Ins. Co.

Fidel Rodriguez, Jr., Larry Zinn, San Antonio, Mara Asya Blatt, El Paso, for Respondent Gerlich.

Justice GONZALES delivered the opinion for a unanimous Court.

These two cases present a common question: can an insured recover the same loss under both the uninsured/underinsured motorist (UM/UIM) and personal injury protections (PIP) of a standard automobile insurance policy? Two courts of appeals answered yes and refused to enforce a policy provision barring duplication of UM and PIP benefits that would result in double recovery.1 We...

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