Court of Appeals of Texas, Fifth District, Dallas
Appeal from the County Court at Law No. 4 Dallas County,
Texas Trial Court Cause No. CC-15-02629-D
Justices Lang-Miers, Myers, and Boatright
ELIZABETH LANG-MIERS, JUSTICE
single issue appellant Alberta Jackson appeals the trial
court's summary judgment in favor of appellees Gainsco,
Inc./Gainsco Auto Insurance and MGA Insurance Company, Inc.
("Gainsco") dismissing her claims for Deceptive
Trade Practices Act and Insurance Code violations because
they were barred by the statute of limitations. We affirm.
January 27, 2013, Jackson was involved in a motor vehicle
collision when her Ford F-150 truck was struck by another
vehicle. She contended that this was a "hit and
run" accident with an uninsured motorist. The collision
caused damage to Jackson's truck.
time of this collision, Jackson's truck was covered by a
Texas Personal Auto Policy ("policy") issued by
Gainsco. Her policy included collision coverage, rental car
reimbursement, and comprehensive uninsured/underinsured
motorist coverage. Jackson reported the collision and vehicle
damages to Gainsco on January 29, 2013.
completed its claim investigation on May 2, 2013, and closed
its investigation file on May 20, 2013. Jackson claimed she
was not notified of the acceptance of the claim until August
28, 2013. Gainsco made the first payment for the repair of
Jackson's vehicle on September 5, 2013. Jackson's
vehicle was in the body shop for approximately six weeks and
Jackson alleged that Gainsco did not pay the body shop the
full amount of the repairs.
March 25, 2013, two months after the accident, Jackson sued
Gainsco in the 191st District Court of Dallas County, Texas.
(the "first lawsuit"). Jackson sought declaratory
relief regarding her uninsured motorist coverage and also
alleged that Gainsco breached its duty of good faith and fair
dealing by refusing to pay, and by delaying payment of, her
claim for vehicle repairs and rental car expenses.
moved for summary judgment in the first lawsuit and a hearing
was set on this motion for March 23, 2015. A few days prior
to that scheduled hearing, on March 20, 2015, Jackson
voluntarily dismissed the first lawsuit.
months later, on May 22, 2015, Jackson again sued Gainsco,
this time in the County Court at Law No. 4 of Dallas County,
Texas. (the "second lawsuit.") In this second
lawsuit, Jackson claimed breach of the duty of good faith and
fair dealing under the Insurance Code and Deceptive Trade
Practices Act (DTPA), again claiming Gainsco refused and
delayed payment for vehicle repairs and car rental.
filed a traditional motion for summary judgment and an
amended traditional motion for summary judgment on grounds
that Jackson's claims were barred by the two-year statute
of limitations. The trial court granted summary judgment by
written order signed July 13, 2016, stating:
The Court, after carefully reviewing the motion, and the
response from Plaintiff, along with the summary judgment
evidence, the arguments of counsel, and the pleadings on file
in this cause, the Court is of the opinion that
Plaintiff's claims are barred by the statute of
limitations. Therefore summary ...