Fuller-Austin Insulation Co. v. Bilder – Case Brief Summary (Texas)

In Fuller-Austin Insulation Co. v. Bilder, 960 S.W.2d 914, 923 (Tex. App.-Beaumont 1998, pet. dism'd), the issue on appeal was not the finality of the judgment, but whether the trial court erred by not applying a settlement credit before calculating prejudgment interest on the jury's verdict, and by calculating prejudgment interest from the date the lawsuit was filed.

The court of appeals noted that in personal injury and wrongful death cases involving an asbestos-related injury or disease or other latent injury or disease, prejudgment interest accrues from a date six months after the date the defendant received notice of the claim or the lawsuit was filed, whichever occurred first.

Because the record did not indicate the plaintiffs sent defendant a notice of claim before filing suit, the appellate court concluded prejudgment interest should have been calculated starting from the date six months after suit was filed. Id.