Lilith Brainard, Petitioners v. Trinity Universal Insurance Company, Respondent

Summary

The Texas Supreme Court held that UIM insurance covers prejudgment interest, that such interest must be calculated using the declining‑principal formula applying credits on the dates received, and that an insured may recover attorney's fees under Chapter 38 only if the insurer fails to tender benefits within thirty days after a judgment establishing the underinsured motorist's liability. The court reversed the appellate court’s denial of prejudgment interest, affirmed the denial of attorney's fees, and remanded for recalculation of interest.