Texas Judiciary

Go the the Texas Supreme Court website: http://www.supreme.courts.state.tx.us/

Use the "case search" feature to find a case called "J & D Towing, LLC v. American Alternative Insurance Corporation (14-0574)," decided on January 8, 2016.

This case involves a tow truck that was hit by a car and declared a total loss. The small towing company settled with the other driver for the cost of its only tow truck, but that driver’s insurance policy limits ($25,000) did not permit recovery for additional damages, such as the revenue they couldn't earn without their truck. The towing company then sued its own insurance carrier, arguing that its uninsured/underinsured motorist protection should also cover the company’s damages from loss-of-use of the truck.

The applicable law seems to say that you can recover for lost revenue if an asset is damaged, but not if it's destroyed - going back to a 1932 case about the death of a horse.

Write an essay explaining the basic facts of the case and who was suing whom. Explain who won, and why the majority decided that way. Cite your sources 

Other Resources

The Supreme Court of Texas blog is a great place to start: http://data.scotxblog.com/scotx/no/14-0574

The Law 360 blog covered oral arguments last fall: http://www.law360.com/articles/698078/texas-towing-co-says-state-s-lost-profits-law-is-arbitrary

Lexology.com has a nice summary of the case: http://www.lexology.com/library/detail.aspx?g=c8f15a4a-b006-42f8-a0c9-468169d2e630