Texas General Indem. v. Jones

2 Citing cases

  1. Shelak v. White Motor Co.

    636 F.2d 1069 (5th Cir. 1981)   Cited 22 times
    Characterizing the issue of awarding attorney's fees as substantive, and collecting cases

    In sharp contrast to the pre-amendment statute, the current law, in cases in which the carrier is represented by an attorney, allows the court to award an attorney's fee to the plaintiff out of the compensation carrier's recovery of up to one-third of the carrier's subrogation interest. See Texas General Indemnity Co. v. Jones, 601 S.W.2d 194, 196 (Tex.Civ.App.-El Paso 1980, no writ); Insurance Company of North America v. Stuebing, 594 S.W.2d 565 (Tex.Civ.App. — Ft. Worth 1980, writ ref'd n.r.e.). Thus, it appears that the district court applied the current version of art. 8307, § 6a in awarding a fee to Shelak's attorneys out of Transport's recovery. Because the district court's fee award contravened the pre-amendment Texas statute, which Shelak concedes is the applicable state law, the award was erroneous.

  2. Rockwood Ins. Co. v. Williamson

    596 F. Supp. 1524 (N.D. Tex. 1984)   Cited 3 times
    In Rockwood, the suit was against the claimant, and because it was based on a written contract, the four year statute of limitations applied.

    Thus, the carrier who did not participate in the third-party action is responsible for paying attorney's fees out of the sum received by it to the claimant's attorney who was responsible for the recovery in the third-party action. See Texas General Indemnity Co. v. Jones, 601 S.W.2d 194, 196 (Tex.Civ.App. 1980). In Lee v. Westchester Fire Ins. Co., 534 S.W.2d 392 (Tex.Civ.App. 1976), the Court held as a matter of law that the carrier's interest was actively represented by its attorney in the third-party action.