½ Price Checks Cashed v. United Automobile Insurance Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that section 38.001(8) applied to claim for breach of obligation owed by drawer of check
• concluding that a check, as a negotiable instrument, is a formal contract
• holding “[i]t is settled law that a check—as a type of negotiable instrument—is a formal contract”
• recognizing that § 5.111(e) “allows a prevailing party to recover attorney’s fees, not merely a prevailing claimant” and noting that under § 5.111(e), “a plaintiff suing for a letter of credit runs the risk of exposure to attorney’s fees if the plaintiff does not prevail”
• explaining that TEX. CIV. PRAC. & REM. CODE ANN. § 38.001 establishes “one-way fee shift,” under which defendant is liable for successful plaintiff’s fees in breach-of-contract action, but reverse is not true
• noting that a check is a type of negotiable instrument

Source: CourtListener parenthetical corpus (CC0).