I agree that what you think should be covered is not necessarily so, and one has to be careful in reviewing any insurance policy. I am. Consequently, I've had pretty much zero trouble with my insurance carriers regarding claims of any kind.

In this particular situation, however, I'm not the insured, I'm a third party claimant. And per the law, what "should" be paid/covered wasn't covered as the law requires.

I just got finished proofing our supreme court merits brief, and was reminded again how glad I am that Texas has a Deceptive Trade Practices Act to protect folks like me!

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Anthracite 1980 300D -- 64k original miles with a new engine, on the road again!
Silver 300D -- second owner, Sunny's old baby, Ilse, 210 miles,
Having to thin the herd….
Silver 1983 300SD -- second owner, 325k miles
Gold 1981 300D -- well-traveled, solid little car
Beige 1984 300D -- 292k miles, grease machine, parting out
Seafoam green 1981 300SD -- 250k, windshield frame damage
too many assorted w123 & w126 cars, parts cars, and extras