Allstate Insurance Company, Petitioner v. Rhonda Bonner, Respondent

Summary

The Texas Supreme Court held that Allstate Insurance was not liable for Bonner's uninsured motorist claim because the policy’s nonduplication provision barred recovery when prior PIP benefits exceeded the UM damages, and therefore the insurer’s failure to acknowledge the claim within fifteen days did not trigger attorney's fees under Texas Insurance Code article 21.55, section 6. The court reversed the Court of Appeals' award of fees and affirmed the judgment that Bonner take nothing.