Motion to Transfer UM

CAUSE NO. XXXXXXXXXXX

 

XXXXXXXXXXX                                            §                               IN THE COUNTY COURT

                                                                             §

VS.                                                                        §                                                             AT LAW

                                                                             §

XXXXXXXXXXX and                                      §

XXXXXXXXXXX                                            §

INSURANCE COMPANY                                 §                               SMITH COUNTY, TEXAS

 

 

 

 

PLAINTIFF, XXXXXXXXXXX , RESPONSE TO

DEFENDANT, XXXXXXXXXXX

MOTION TO TRANSFER VENUE

 

TO THE HONORABLE JUDGE OF SAID COURT:

 

            COMES NOW, Plaintiff XXXXXXXXXXX, and submits this his Response to Defendant, XXXXXXXXXXX, Motion to Transfer Venue, and pursuant thereto would respectfully show the Court as follows:

I.

            At all times pertinent hereto and on the date of the subject accident which occurred on XXXXXXXXXXX, Plaintiff, XXXXXXXXXXX, was a resident of Smith County, Texas, and resided at XXXXXXXXXXX, Smith County, Texas.  See the Affidavit of XXXXXXXXXXX which is attached hereto and incorporated herein by reference as if set forth verbatim.

II.

            Texas Civil Practice & Remedies Code §15.032 provides that:


“A suit on a policy may be brought against any life insurance company, or accident insurance

company, or life and accident, or health and accident, or life, health, and accident insurance

company in the county in which the company’s principal office in this state is located or in the

county in which the loss has occurred or in which the policy holder or beneficiary instituting the

suit resided at the time the cause of action accrued.”

 

 

            Plaintiff, XXXXXXXXXXX, is a policy holder and/or beneficiary under an

 

 underinsured motorist policy issued by Defendant, XXXXXXXXXXX  Insurance

 

Company , has brought a claim for underinsured motorist benefits pursuant to said policy, and

 

was a resident of Smith County, Texas, at the time the afore referenced cause of action accrued.

 

Venue of XXXXXXXXXXX claim against XXXXXXXXXXX is thus proper in Smith County,

 

Texas.

 

 

 

III.

            Texas Civil Practice & Remedies Code §15.005 provides that:


“In a suit in which the plaintiff has established proper venue against a defendant, the court also has venue of all the defendants in all claims or actions arising out of the same transaction, occurrence, or series of transactions or occurrences.”

 


Because the Court has venue over Plaintiff’s claim against XXXXXXXXXXX pursuant to Texas Civil Practice & Remedies Code §15.032 the Court also has venue over Plaintiff’s claims against Defendant XXXXXXXXXXX because all of Plaintiffs claims against Defendant XXXXXXXXXXX and Defendant XXXXXXXXXXX arose “out of the same transaction, occurrence, or series of transactions or occurrences.”’

WHEREFORE, PREMISES CONSIDERED, Plaintiff, XXXXXXXXXXX, respectfully prays that Defendant’s Motion to Transfer Venue be in all things DENIED.


 

                                                                        RESPECTFULLY SUBMITTED,

 

 

 

                                                                        ________________________________________

                                                                        Earl Drott

                                                                        State Bar Number 06134750

 

                                                                        Earl Drott Law

                                                                        Bank of America Southeast Center

                                                                        3301 Golden Road, Suite 411

                                                                        Tyler, Texas  75701

                                                                        Phone (903) 531-9300

                                                                        (Fax 903) 531-0221

                                                                        edrott@earldrottlaw.com

                                                                        Attorney for Plaintiff

 

 

CERTIFICATE OF SERVICE

            I hereby certify that a true and correct copy of the foregoing has been forwarded XXXXXXXXXXX by regular mail, on this the ____ day of ___________________, 20____.

 

 

                                                                        ________________________________________

                                                                        Earl Drott