Robert Davis Case Summary

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Robert Davis, a small business owner of the tow truck company J&D located in Huntsville, Texas, only truck was hit by Cassandra Brueland. Davis had just started his business in 2011 and purchased his wrecker in March 2011. His business came to a stall in December 2011 when Brueland struck and totaled his 2002 Dodge 3500 on his way to go repossess a vehicle. Both Robert and Brueland agreed that she was at fault for the accident. Robert declined the first settlement offered by Brueland insurance company claiming it wasn’t sufficient in regards to the market value of his wrecker truck, which he bought for $18,500. Bruelands insurance company finally decided to consent to a settlement of $25,000 awarded to Davis. After receiving that settlement for the damages to his truck, filed a claim with American Insurance Corporation for loss of use damages. AAIC did not honor his claim then cancelled his policy, arguing that they will only pay for what he was legally entitled to not his loss of use damages. Robert then filled a suit against request that they compensate him for the wages he lost during a two month of shutting his business down, due to no wrecker truck.

AAIC only argument in the suit was they were not responsible for the loss of use damages that’s not under policy and how it not Texas law to recover loss of use if damages are destroyed.
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Their concern was mainly on the jury being questioned loss of use damages, whether it was lawful for the trial court to allow and ignore their motion. They didn’t dispute the amount that was paid to Robert’s company but only them not be obligated to pay for any loss of use damages that Brueland insurance didn’t cover. J&D also appealed their case, commenting that it shouldn’t matter if the damages to property are partially or totally destroyed that loss of use stills
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