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J&D Towing, LLC v. American Alternative Insurance Corporation

Texas Supreme Court

478 S.W.3d 649 (2016)

Facts

A tow truck owned by J&D Towing, LLC (J&D) (plaintiff) was totaled in a collision caused by Cassandra Brueland. Brueland admitted fault, and her insurer paid J&D $25,000, the policy limit, for property damage. J&D, which had underinsured-motorist coverage through American Alternative Insurance Corporation (American Alternative) (defendant), sued American Alternative for damages for its loss of use of the truck. The trial court awarded J&D loss-of-use damages, and American Alternative appealed, arguing that Texas law did not allow loss-of-use damages in destruction cases. The court of appeals reversed, and J&D appealed.

Rule of Law

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Issue

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Holding and Reasoning (Willet, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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