In re Allstate (No. 20-0071) renders obsolete the need for 18.001(f) counter affidavits


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Texas' Legislature enacted and later amended Tex. Civ. Prac. & Remedies Code 18.001

Tex. Civil Practice & Remedies Code 18.001(f) Counteraffidavits no longer necessary following In re Allstate (No. 20-0071).


The Texas Supreme Court discarded the need for 18.001(f) counteraffidavits in its decision on the appeal captioned In re Allstate Indemnity Company (Case No. 20-0071)


Tex. Civ. Prac. & Rem. Code 18.001(f) statutorily prevents a defendant who failed to timely present an affidavit countering plaintiff's affidavit of reasonableness and necessity from challenging the plaintiff's affidavit.

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