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FORTH v. ALLSTATE INDEM. CO.

No. 06-03-00135-CV.

151 S.W.3d 732 (2004)

Pat FORTH, Individually and on Behalf of others Similarly Situated, Appellants, v. ALLSTATE INDEMNITY COMPANY, Appellee.

Court of Appeals of Texas, Texarkana.

Decided December 8, 2004.

Attorney(s) appearing for the Case

Stephen Gardner, Law Office of Stephen Gardner, G. Laird Morgan, John M. Phalen Jr., Daniel Sheehan & Assoc, LLP, Dallas, for appellants.

Jeffrey Lennard, Sonnenschein, Nath & Rosenthal, Chicago, IL, Roger D. Higgins, Thompson, Coe, Cousins & Irons, LLP, Dallas, for appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

After Pat Forth's daughter was injured in an automobile accident, Forth filed claims for the resulting medical expenses with her then personal-injury-protection (PIP) insurer, Allstate Indemnity Company. Allstate paid only a portion of the claimed expenses, and Forth sued Allstate for herself and as representative of a putative class of PIP claimants. Forth asserts Allstate is arbitrary in its PIP claim practices...

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