The Fight for First Party: UM/UIM Litigation in Texas

So, you are in a car wreck, but the at-fault driver has no insurance or not enough insurance to compensate your client fairly. Well, that's why insurers offer underinsured or uninsured motorist coverage, right? While UM/UIM coverage is an integral line of insurance for anyone to have for precisely this reason, bringing a UM/UIM claim can be fraught with challenges. In Texas especially, many UM/UIM claims result in litigation, so attorneys need to be ready to adjust to the differences between a third-party liability claim and a first-party UM/UIM claim.

This program, taught by attorney Mac Phelps, will review the law governing UM/UIM claims; the rights plaintiffs have in suing their UM/UIM carrier; and best practices for an attorney handling their first or next UM/UIM case. The program is primarily directed at attorneys advocating on behalf of plaintiffs but can also assist attorneys retained by insurance carriers in advising their clients on the risk exposure associated with prolonged litigation.

Learning Objectives:

1. Break down the Texas Insurance Code and the basics of UM/UIM coverage

2. Examine the standards that insurers are held to in investigating and evaluating UM/UIM claims

3. Explore the differences in claims and defenses seen in a UM/UIM claim versus a third-party insurance claim

4. Identify ways to strengthen your client's claim starting before a suit is filed to increase chances of early resolution once litigation commences