The UM/UIM carrier stands in the shoes of the uninsured/underinsured tortfeasor. Brainard v. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006). As such, liability must be established against the tortfeasor.

[Description of the accident, fault, police report findings, citations issued, witness statements. This section mirrors a standard liability section but establishes the underlying tort that triggers UM/UIM coverage.]

The police report confirms the tortfeasor was cited for [citation]. Liability is clear and undisputed.

[Medical narrative section — same level of detail as standard demand. Describe injuries, providers, treatment course, diagnostic findings, ongoing complaints, and prognosis.]

[Medical billing summary table, lost wages, future medical, and general damages. Same format as standard demand damages section.]

The tortfeasor's bodily injury limits of $30,000/$60,000 have been tendered and exhausted. Pursuant to Tex. Ins. Code §1952.106, we provided your insured's carrier with notice and an opportunity to consent to the third-party settlement prior to acceptance of the tortfeasor's tender.

Under Texas law, the UIM carrier is entitled to a credit (offset) equal to the amount received from the tortfeasor's insurer. Brainard v. Trinity Universal Ins. Co., 216 S.W.3d 809 (Tex. 2006). The tortfeasor's limits of $30,000 are therefore credited against our client's total damages.

Our client's total compensable damages of $[total damages] far exceed the combined tortfeasor limits and UIM limits. Accordingly, we demand the full UIM policy limits of $100,000.

This letter constitutes a pre-suit demand and notice under the Texas Insurance Code and Texas Deceptive Trade Practices Act.

Chapter 541 — Unfair Methods of Competition and Unfair or Deceptive Acts: Should Progressive fail to reasonably evaluate this claim and tender appropriate UIM benefits, our client will assert claims for unfair settlement practices under Tex. Ins. Code §541.060, including failure to attempt a fair settlement when liability is reasonably clear.

Chapter 542 — Prompt Payment of Claims Act: Under Tex. Ins. Code §542.055, your carrier must acknowledge receipt of this claim within 15 days and accept or reject the claim within 15 business days of receiving all items reasonably requested. Under §542.058, payment must be made within 5 business days of acceptance. Failure to comply subjects the carrier to 18% annual interest on the claim amount plus reasonable attorney fees under §542.060.

Common Law Bad Faith: A UM/UIM carrier owes the same duty of good faith and fair dealing as any first-party insurer. Universe Life Ins. Co. v. Giles, 950 S.W.2d 48 (Tex. 1997). Unreasonable delay or denial of benefits that are reasonably owed may give rise to an independent cause of action for breach of the duty of good faith and fair dealing.

DTPA Treble Damages: Should this matter proceed to litigation, and if the carrier's conduct is found to have been committed knowingly, our client will seek up to three times actual damages under DTPA §17.50(b)(1).

Attorney fees are recoverable in this matter under multiple independent bases:

CPRC §37.009 — Declaratory Judgment Act: Our client may seek a declaratory judgment that UIM benefits are owed, and the court may award reasonable and necessary attorney fees as are equitable and just.

Tex. Ins. Code §542.060: Attorney fees are recoverable as part of the Prompt Payment Act remedies.

DTPA §17.50(d): Reasonable and necessary attorney fees are mandatory upon a finding of a DTPA violation.

Pursuant to Rohrmoos Enterprises, Inc. v. Barber, 578 S.W.3d 469 (Tex. 2019), we maintain contemporaneous time records documenting: (1) the specific services performed, (2) who performed them, (3) when the services were performed, (4) time spent, and (5) hourly rate. A lodestar summary is available and will be provided upon request or attached to any fee petition filed with the court.

Current Lodestar: $0.00 — 0.0 hours across 0 timekeepers. Full detail available in Pulse Time Tracker.

Based on the foregoing, we hereby demand payment of the full UIM policy limits of $100,000, plus:

1. Reimbursement of reasonable and necessary attorney fees incurred to date;
2. Pre-judgment interest at the statutory rate;
3. 18% annual penalty interest under Tex. Ins. Code §542.060 from the date benefits became due.

This demand shall remain open for 30 days from the date of this letter. Should Progressive fail to tender the demanded amount within this period, our client will pursue all available legal remedies, including but not limited to a declaratory judgment action under CPRC Chapter 37, claims under the Texas Insurance Code Chapters 541 and 542, and common law bad faith.

We look forward to resolving this matter promptly and in good faith.

Respectfully submitted,

Patterson Law Group

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