PJC Business 2024

PJC 115.12

D AMAGES

PJC 115.12 Contribution—Deceptive Trade Practices Act and Insurance Code Chapter 541 (Comment) DTPA and Insurance Code incorporate existing principles. DTPA section 17.555 provides that a DTPA defendant “may seek contribution or indemnity from one who, under the statute law or at common law, may have liability for the damaging event of which the consumer complains.” Tex. Bus. & Com. Code §17.555 (DTPA). No new contribution scheme was created; rather, the section incorporates ‘‘existing principles of contribution and indemnity law into DTPA cases.” Plas-Tex, Inc. v. U.S. Steel Corp. , 772 S.W.2d 442, 446 (Tex. 1989). Though the Insurance Code does not have a section like DTPA § 17.555 incorporating existing contribution principles, the supreme court applied the original statutory pro rata scheme in chapter 32 of the Civil Practice and Remedies Code to an article 21.21 (now chapter 541) case in Stewart Title Guaranty Co. v. Sterling , 822 S.W.2d 1, 6 n.7 (Tex. 1991), overruled in part on other grounds by Tony Gullo Motors I, L.P. v. Chapa , 212 S.W.3d 299, 313–14 (Tex. 2006). 1995 DTPA amendments. In DTPA causes of action accruing on or after Sep tember 1, 1995, and for all such suits filed on or after September 1, 1996, contribution is governed by chapter 33 of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code §33.002(a)(2); see also Acts 1995, 74th Leg., R.S., ch. 414, §20(b) (H.B. 668), eff. Sept. 1, 1995. For a discussion and a sample submission, see PJC 115.36 comment, “Contribution defendants.”

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