In Allstate Insurance Co. v. Irwin, _____ S.W.3d _____, 64 Texas Sup. Court Justice 1058, 2021 WL 2021446 (Texas, 5/21/21), the Texas Supreme Court affirmed an award entered in a declaratory judgment action, finding that entitlement to UIM benefits could be established under the Uniform Declaratory Judgment Act. However, four justices dissented, arguing that in order to obtain UIM benefits denied by an insurance company, the insured would need to sue the insurer for breach of contract and prove the amount of damages caused by the tortfeasor.
