ALVARADO v. OKLAHOMA SUR. CO.

No. 08-04-00239-CV.

281 S.W.3d 38 (2005)

David ALVARADO, Appellant, v. OKLAHOMA SURETY COMPANY, Appellee.

Court of Appeals of Texas, El Paso.

May 19, 2005.


Attorney(s) appearing for the Case

Rahul Malhotra, The Malhotra Law Firm, Odessa, for Appellant.

Kathleen M. McCulloch, Shafer, Davis, McCollum, Ashley, O'Leary & Stoker, Odessa, for Appellee.

Before BARAJAS, C.J., McCLURE, and CHEW, JJ.


OPINION

DAVID WELLINGTON CHEW, Justice.

Appellant David Alvarado appeals from the dismissal of his lawsuit against Appellee Oklahoma Surety Company, his employer's underinsured motorist (UIM) insurance carrier. In his sole issue, Mr. Alvarado contends the trial court erred in concluding that it lacked subject matter jurisdiction for his alleged failure to make a pre-suit demand for UIM benefits before filing the lawsuit. Because Mr. Alvarado's live...

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