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STATE FARM MUT. AUTO. INS. CO. v. NICKERSON

No. 04-0427.

216 S.W.3d 823 (2006)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Teresa NICKERSON, Respondent.

Supreme Court of Texas.

Decided December 22, 2006.

Attorney(s) appearing for the Case

Michelle E. Robberson, Steven Dillon Roberts, Mark Anthony Teague, R. Brent Cooper, Cooper & Scully, P.C., Dallas, for petitioner.

Jesse L. Nickerson III, Nickerson Law Office, James R. Rodgers, The Moore Law Firm, Paris, for respondent.

J. Wade Birdwell, Wallach, Andrews & Stouffer, P.C., Fort Worth, for Amicus Curiae Judith Moss, D.O.

Chief Justice JEFFERSON delivered the opinion of the Court.

The issue in this case is whether an insured can recover attorney's fees under Chapter 38 of the Civil Practice and Remedies Code from her underinsured motorist (UIM) insurer.

Teresa Nickerson was injured in an automobile collision with Calvin Christopher. Nickerson sued Christopher, but she released her claims against him after accepting a $25,000 payment...

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