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Case Name | Transportation Ins. Co v. Moriel | |
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Date | 06/08/1994 | |
Note | Where carrier's bad faith is alleged, punitive damages are only available if carrier's gross negligence is proven. | |
Citation | 879 S.W.2d 10 | |
WCC Citation | WCC 4451994 TX |
TRANSPORTATION INSURANCE COMPANY, PETITIONER v. JUAN CARLOS MORIEL, RESPONDENT ON APPLICATION FOR WRIT OF ERROR TO THE COURT OF APPEALS FOR THE EIGHTH DISTRICT OF TEXAS. Transportation also paid the bill for follow-up testing in September 1987, after Providence filed a collection action against Moriel. After Transportation appealed that award to district court, Moriel counterclaimed for additional compensation, unpaid medical bills, and bad faith claims practices. In July 1988, Moriel and Transportation settled the workers' compensation claim, leaving the bad faith claim extant. Moriel preserved his right to sue Transportation for bad faith, [Transportation] does not argue that the agreement and judgment preclude such a cause of action. "
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