Texas Supreme Court

½ Price Checks Cashed, Petitioner v. United Automobile Insurance Company, Respondent

June 24, 2011344 S.W.3d 378

Summary

The Texas Supreme Court held that a holder’s claim under Tex. Bus. & Com. Code §3.414 is a contractual claim, so Texas Civ. Prac. & Rem. Code §38.001(8) applies and attorney’s fees are recoverable, and that applying the fee‑shifting provision does not disrupt Article 3’s statutory scheme. The Court reversed the Court of Appeals and remanded for a determination of fees.