(DOWNLOAD) "Nationwide Mutual Insurance Company v. Bessie Crowe" by Fourteenth District, Houston No. A14-92-01270-CV Court of Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Nationwide Mutual Insurance Company v. Bessie Crowe
- Author : Fourteenth District, Houston No. A14-92-01270-CV Court of Appeals of Texas
- Release Date : January 24, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
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Opinion ON REHEARING In our original opinion, we cited Tex. Rev. Civ. Stat. Ann. art. 8308 10-42 (Vernon Supp. 1993), to show
that the Legislature did not intend to apply the cap on punitive damages set forth in chapter 41 of the Civil Practice
Remedies Code to bad faith cases. Although not raised in its brief, on motion for rehearing, Nationwide contends that section
10-42(a) should apply to the instant case. Section 10-42(a) is part of the revamped Texas Worker's Compensation Act (the Act)
enacted by the Legislature on January 1, 1991. Act of January 1, 1991, 71st Leg., 2nd C.S., Ch. 1, 17.18, 1991 Tex. Gen. Laws
1, 122. The change in law made by the Act "applies only to an injury for which the date of injury is on or after the effective
date of [the] Section 10-42 became effective on June 1, 1991. Although the trial of this cause was in June 1992, the dates
of Mr. Crowe's injury and denial of Mrs. Crowe's claim occurred before the effective date of section 10.42 and therefore,
that section is inapplicable. Nationwide also contends that the Crowes did not have standing to pursue this bad faith case because they were not parties
to the "special relationship" created by the contract between employee, employer, and insurance carrier described in Aranda.
Nationwide points out that it's complaint was preserved in it's Motion For New Trial, Remittitur or For Reformation of the
Judgment. We express doubts about the propriety of raising a lack of standing complaint for the first time on a Motion for
New Trial. However, even if error was preserved, we find that Nationwide's argument is without merit. In support of its argument,
Nationwide cites Transportation Ins. Co. v. Archer, 832 S.W.2d 403 (Tex. App.--Fort Worth 1992, writ denied). In Archer, an
injured employee and his spouse sued the insurance carrier for breach of the duty of good faith and fair dealing in the handling
of the employee's worker's compensation claim. 832 S.W.2d at 404. The court held that the spouse had no independent cause
of action against the carrier for breach of the duty of good faith and fair dealing in connection with the carrier's handling
of her husband's claim. 832 S.W.2d at 405-6.