Hill v. Texas Council Risk Management Fund
Moneta Lynn Hill brought suit against her governmental employer’s self-insurance fund, Texas Council Risk Management Fund (the Fund), seeking uninsured/underinsured motorist (UM/UIM) benefits after sustaining injuries in a work-related motor vehicle accident. Hill argued that UM/UIM coverage should be presumed due to the Fund's failure to reject it in writing, as mandated by the Texas Insurance Code. The Fund countered that the Insurance Code does not apply to self-insurance funds established by governmental units. The trial court granted summary judgment in favor of the Fund, and the appellate court affirmed, holding that Article 715c of the Texas Revised Civil Statutes exempts governmental self-insurers from the Insurance Code's provisions. The court also deemed Hill's claims for subrogation offset and attorney's fees as moot and not ripe, respectively.