Alvarado v. Okla. Sur. Co
In Alvarado v. Okla. Sur. Co., 281 S.W.3d 38 (Tex. App.--El Paso 2005, no pet.), the plaintiff sued his employer's UIM insurer and a UIM who ran a red light and hit his vehicle. Alvarado, 281 S.W.3d at 39.
He alleged that his employer carried an insurance policy with the named UIM insurer and that the policy included coverage for damages caused by a UIM. Id. at 40.
He alleged further that the other driver involved in the collision was a UIM, and that "despite Plaintiff's compliance with the terms and provisions of the policy, the UIM insurer has failed and refused to pay benefits due under the policy provisions in question." Id.
The UIM insurer filed a motion to dismiss arguing that the plaintiff's suit was premature and no cause of action had accrued against the insurer. Id.
In its analysis, the El Paso court observed that the plaintiff (Alvarado) might not ultimately prevail on the merits, but held that he had pleaded sufficient facts to confer subject matter jurisdiction on the trial court. Id. at 42.