Gamma Group, Inc. v. Transatlantic Reinsurance Co.
365 S.W.3d 469
| Tex. App. | 2012Background
- Second appeal in a breach‑of‑contract case between Gamma Group, an insurance agent, and appellees TRC and Home State Mutual Insurance Co.
- Prior opinion Gamma I reversed damages awarded, remanding for calculation based on incurred losses.
- On remand, new trial judge heard evidence; TRC/Home State asserted incurred losses of $2,755,944.62; Gamma presented no controverting evidence.
- The trial court awarded $2,755,944.62 to TRC/Home State plus interest and attorneys’ fees; Gamma’s post‑remand motion for new trial was overruled.
- Gamma challenges four issues on remand: (1) evidence timing; (2) directly paid claims; (3) direct claims liability cap; (4) admission of cancelled checks; court resolves against Gamma.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Evidence on remand was within mandate | Gamma: remand evidence outside mandate | TRC/Home State: admissible as incurred losses | Not outside mandate; evidence allowed |
| Directly paid claims included in damages | Gamma liability for directly paid claims | TRC/Home State: included; no reconsideration of Gamma liability | Included; uncontroverted evidence支持 award |
| Directly paid claim liability cap applies to Gamma | Gamma: cap of $153,850 limits Gamma | Cap limits TRC exposure, not Gamma; Gamma not bound by cap | Gamma not protected by cap; held against Gamma |
| Admission of cancelled checks on remand | Gamma: ESI should be excluded for timeliness | Exhibits were cumulative; trial court did not abuse discretion | No abuse; checks admitted; evidence supported by reconciliations |
Key Cases Cited
- Gamma Grp., Inc. v. Transatlantic Reinsurance Co., 242 S.W.3d 203 (Tex.App.-Dallas 2007) (reversed damages ruling; remanded for incurred losses.)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (no‑evidence points may be sustained if evidence weighed improperly.)
- Long v. Castle Tex. Prod. Ltd. P'ship, 330 S.W.3d 749 (Tex.App.-Tyler 2010) (postjudgment interest from original judgment date allowable.)
- State Dep't of Highways & Pub. Transp. v. City of Timpson, 795 S.W.2d 24 (Tex.App.-Tyler 1990) (postjudgment interest from original judgment date allowable.)