AMER. MOTORISTS INS. CO. v. FODGE

No. 00-0547.

63 S.W.3d 801 (2001)

AMERICAN MOTORISTS INSURANCE CO. and Thom Gibson, Petitioners, v. Barbara Anne FODGE, Respondent.

Supreme Court of Texas.

Rehearing Overruled January 31, 2002.


Attorney(s) appearing for the Case

Leah Kimberly Steele, Jordan & Carmona, James A. Vaught, Law Office of Edwin J. (Ted) Terry, Jr., Veronica Carmona Czuchna, Jordan & Carmona, Portia J. Bott, Law Office of Portia J. Bott, Austin, for petitioners.

Richard G. Danner, Jr., Dallas, for respondent.


Justice HECHT delivered the opinion of the Court.

The important issue in this case is whether a compensation claimant can prosecute a lawsuit against a carrier to recover benefits and damages resulting from a denial of benefits without a prior determination by the Texas Workers' Compensation Commission that benefits are due her. We hold that she cannot do so, and that her claims must be dismissed or abated, as appropriate. We also hold, however, that she can prosecute...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases