United Fire Lloyds v. Hope Tippin O/B/O LaCambria Tippin, a Minor
396 S.W.3d 733
Tex. App.2013Background
- LaCambria Tippin (minor) allegedly injured at Golden Corral Baytown on December 7, 2007.
- Hope Tippin filed a negligence suit against Golden Corral on June 11, 2008, seeking medical and damages.
- Golden Corral forwarded the suit to its insurer United Fire Lloyds (UFL) in July 2008; Golden Corral answered with a general denial and sole-proximate-cause defense.
- Tippin incurred $4,327.98 in medical expenses by October 29, 2008; medical bills were disclosed in discovery.
- Tippin demanded payment under UFL's Medical Payments provision; UFL denied, citing one-year reporting deadline.
- Tippin amended to join UFL for breach of contract; trial court denied UFL motions; Tippin obtained partial summary judgment against UFL in a severed proceeding.
- The trial court later entered a modified final judgment denying UFL’s cross-motion; appellate court vacated and dismissed as non-ripe.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Tippin's claim against UFL ripe for review? | Tippin argues no final determination of Golden Corral’s liability is needed. | UFL contends no ripe injury until tortfeasor’s liability is final. | Not ripe; claim depends on future final determination. |
| Does the trial court have subject-matter jurisdiction to adjudicate Tippin's breach-of-contract claim against UFL? | Tippin asserts standing as third-party beneficiary and no-evidence supports dismissal. | UFL argues lack of standing and improper joinder under Rule 38(c); premature under ripeness. | Ripeness controls; jurisdiction not present given non-final tort liability. |
Key Cases Cited
- Patterson v. Planned Parenthood of Houston, 971 S.W.2d 439 (Tex. 1998) (ripeness requires concrete injury or reasonable likelihood)
- Robinson v. Parker, 363 S.W.3d 753 (Tex. 2011) (not ripe when contingent facts or events may occur)
- Angus Chem. Co. v. IMC Fertilizer, Inc., 939 S.W.2d 138 (Tex. 1997) (injury not ripe until liability is finally determined)
- Farmers Ins. Exch. v. Rodriguez, 366 S.W.3d 216 (Tex. App.—Hou. [14th Dist.] 2012) (no direct action against insurer until liability final)
- Tex. Ass’n of Bus. v. Air Control Bd., 852 S.W.2d 440 (Tex. 1993) (subject-matter jurisdiction cannot be presumed)