Loss of Use

Firm Newsletter - February 2016

Texas Supreme Court Permits Loss of Use Damages in Total Loss

Recently, the Texas Supreme Court issued the opinion in J&D Towing, LLC v. American Alternative Insurance Corporation that addressed the issue of collecting loss of use damages in cases involving a total loss. In an opinion delivered by Justice Willett, the court ruled that in addition to recovering the fair market value of destroyed property, the owner can now recover loss of use damages, including damages for lost profits.