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Case Name Texas Mutual Insurance Co. v. Morris
Date 06/04/2009
Note The evidence is legally sufficient to support the jury's findings that the carrier engaged in unfair or deceptive acts or practices in violation of the Texas Insurance Code and that it did so knowingly, and for the award of mental-anguish damages.
Citation 14-06-00651-CV
WCC Citation WCC 13482009 TX
The jury also awarded Morris $500,000 in additional damages because it found that Texas Mutual knowingly violated the Texas Insurance Code. The jury declined to find that Texas Mutual acted with malice or that Morris defrauded Texas Mutual. ISSUES PRESENTED BY THE CARRIER In its first four issues, Texas Mutual contends the evidence is legally insufficient to support: * the jury's finding that Texas Mutual engaged in unfair or deceptive acts or practices in violation of the Texas Insurance Code, * the jury's finding that Texas Mutual violated the Texas Insurance Code knowingly, and * the jury's damage awards for mental anguish and lost credit reputation. Texas Mutual asserted it did not receive an authorization from Morris to obtain medical records; however, Morris faxed an authorization form to Texas Mutual no later than mid-April 2003. According to Texas Mutual, "[a]lthough [Texas Mutual] requested that Morris provide medical records, few of those records were provided. "

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