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HENSON v. SOUTHERN FARM BUREAU CAS. INS.

No. 99-0453.

17 S.W.3d 652 (2000)

Jerry L. HENSON, Petitioner, v. SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY and Texas Farm Bureau Mutual Insurance Company, Respondents.

Supreme Court of Texas.

Decided April 13, 2000.

Attorney(s) appearing for the Case

Kenneth D. Cowling, Lubbock, for petitioner.

James L. Wharton, G. Douglas Welch, Lubbock, for respondents.

Justice ENOCH delivered the opinion for a unanimous Court.

The question is whether an insurer, obligated to pay uninsured/underinsured benefits, owes on top of those benefits prejudgment interest to be computed either from 180 days after a demand for those benefits has been made, or from the day a suit is filed for those benefits. Because uninsured/underinsured insurers do not breach their contractual obligation to pay until tort liability is established, we conclude...

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