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BRAINARD v. TRINITY UNIVERSAL INS. CO.

No. 04-0537.

216 S.W.3d 809 (2006)

Lilith BRAINARD, et al., Petitioners, v. TRINITY UNIVERSAL INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Decided December 22, 2006.

Rehearing Denied April 13, 2007.

Attorney(s) appearing for the Case

Bryan W. Scott, Katy, for Petitioner.

Gregory R. Ave, Walters, Balido & Crain, L.L.P., Dallas, for Respondent.

Chief Justice JEFFERSON delivered the opinion of the Court.

This case presents the following issues: (1) whether uninsured/underinsured motorist (UIM) insurance covers prejudgment interest that the underinsured motorist would owe the insured in tort liability; (2) if so, how to apply settlement and personal injury protection (PIP) credits to the interest calculation; and (3) the circumstances under which an insured may recover attorney's fees from the UIM insurer...

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