Opinion

Gorman v. Life Insurance Co. of North America

  • 859 S.W.2d 382
  • 1993 Tex. App. LEXIS 1681
  • 1993 WL 73150
Court
Texas Court of Appeals, 1st District (Houston)
Filed
Jun 10, 1993
Status
Published
Author
Duggan
On the bench
Duggan, Dunn, Mirabal
Cited by
14 cases
Authority
More cited than 10.5%

closing argument accusing other party’s agents of “bald-faced lies” not improper where there was evidence from which jury could deduce agents misrepresented facts

How later courts described this case

  • closing argument accusing other party’s agents of “bald-faced lies” not improper where there was evidence from which jury could deduce agents misrepresented facts
  • interest began to accrue 30 days after proof of loss filed

Written by the judges who cited it.

The opinion

OPINION ON MOTIONS FOR REHEARING

DUGGAN, Justice.

LINA has filed a motion for rehearing in this cause. We deny its motion for rehearing.

Pamela Gorman has also filed a motion for rehearing. She argues that we should have specified that the judgment includes postjudgment interest, and that we should have rendered prejudgment interest, rather than remanding that issue to the trial court for determination. We agree on both counts.

Postjudgment Interest

In rendering judgment, we should “render the judgment ... that the court below should have rendered.” Tex. R.App.P. 80(b)(3). Here, the judgment of the court below should have included post-judgment interest at 10 percent per annum from May 14, 1986, the date of judgment, until paid. See Tex.Rev.Civ.Stat.Ann. art. 5069-1.05 § 2 (Vernon Supp.1993); American Payer Stock v. Howard, 528 S.W.2d 576, 577 (Tex.1975). We render judgment for postjudgment interest.

Prejudgment Interest

Prejudgment interest is additional damages for the loss of use of money due as damages during the period between the accrual of the claim and the date of judgment. A prevailing plaintiff is entitled to recover prejudgment interest as a matter of law on damages that have accrued by the time of judgment.

LaCoure v. LaCoure, 820 S.W.2d 228, 237 (Tex.App.—El Paso 1991, writ denied).

We render judgment for prejudgment interest. We calculate the prejudgment interest as follows:

Amount of Policy: $250,000

Date of Proof of Loss: December 6, 1982 30th Day after Proof of Loss: January 5, 1983 1

Date of Judgment: May 14, 1986 Length of Prejudgment Interest: 3.35 years

Rate: six percent, simple 2

Calculation: 3.35 X 6% X 250,000 = 50,250

We grant Pamela Gorman’s motion for rehearing and render judgment for (1) $50,-250 in prejudgment interest, and (2) post-judgment interest.

. Under Tex.Rev.Civ.Stat.Ann. art. 5069-1.03 (Vernon 1987), interest runs from this date.

. See Tex.Rev.Civ.Stat.Ann. art. 5069-1.03 (Vernon 1987).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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