PJC Business

C ONTRACTS

PJC 101.58

PJC 101.58 Insurance Contracts—Coverage and Damages Question—Specific Policy Language

QUESTION ______ What sum of money, if any, if paid now in cash, would fairly and reasonably compensate Paul Payne for his [ unpaid ] damages [ , if any, ] [ that were caused (partly/solely) by/that resulted from/because of ] the [ description of covered loss, event, or cause ]? [ Do not include in your answer damages, if any, caused by (description of excluded cause.) ] [Insert other instructions and definitions, if appropriate.] Answer in dollars and cents for damages, if any. Answer: _______________ COMMENT When to use. PJC 101.58 determines the amount of damages, if any, caused by a covered event. If PJC 101.57 is submitted, PJC 101.58 should be predicated on a “Yes” answer to PJC 101.57. PJC 101.58 may be submitted without PJC 101.57 when the parties’ dispute focuses on whether a loss is covered or on the amount of the covered loss. Because PJC 101.58 does not ask whether the insurer failed to comply with the agreement, the question is proper without 101.57 only when it is stipulated or undisputed that, if there was a cov When an excluded cause would limit recovery, the trial court may submit the exclu sion by instructing the jury not to include excluded damages. Union Mutual Life Insur ance Co. v. Meyer , 502 S.W.2d 676, 679 (Tex. 1973) (trial court may submit exclusion by instruction). The “do not include” instruction should not be used in cases in which no excluded cause is at issue. The instruction also should not be used when an exclu sion is not disputed but recovery is sought based on an exception to an exclusion. The above question determines the amount of benefits, if any, owed under the pol icy, so a separate question on direct damages is not required. Additional questions are required for any alleged consequential damages and attorney’s fees. Pattern questions are set out in PJC 115.3–115.5 and PJC 115.60. ered loss, the insurer breached the agreement by failing to pay it. If damages are not disputed, the words if any should be omitted.

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