# Gorman v. Life Insurance Co. of North America

> Texas Court of Appeals, 1st District (Houston) · June 10, 1993 · 859 S.W.2d 382

URL: https://www.frixlaw.com/law-library/cases/9763419

## Case

- **Full name:** Pamela Chambers GORMAN, Individually and as Administratrix of the Estate of Dale Owen Gorman, Deceased, and as Next Friend of Amanda Marie Gorman, a Minor, Appellants, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Appellee
- **Court:** Texas Court of Appeals, 1st District (Houston)
- **Decided:** June 10, 1993
- **Citations:** 859 S.W.2d 382; 1993 Tex. App. LEXIS 1681; 1993 WL 73150
- **Precedential status:** Published
- **Opinion:** On rehearing by Duggan
- **Judges:** Duggan, Dunn, Mirabal
- **Cited by:** 14 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9763419

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763419. Public record. Not legal advice.