News for the Bar, Litigation Section – State Bar of Texas, Spring 2015
A FEW MONTHS AGO, A STRANGE LOOKING BEAST approached a deer feeder on the Y-6 Ranch just north of the Double Mountain Fork of the Brazos in southern Stonewall County. Out of the cedars, it came with thick fur around its shoulders and a sloping spotted hindquarters. As it gazed towards the deer stand, its dark eyes were accompanied by a menacing snarl. Staring at this beast, my first question was, “Is this an escaped hyena from a traveling circus, a mangy coyote as disgusting as he looks, or
had we finally located the mythical chupacabra?” Strangely, my second thought went to the status of UM/UIM litigation in Texas since Brainard. What is this critter? A breach of contract, a declaratory judgment, or some new hybrid common law cause of action?
