Texas motorists are required by state law to buy a minimal amount of liability insurance for personal injury and property damage if they cause an accident. But so many drivers don't buy the required insurance that those who do are strongly encouraged by the state to buy "uninsured and underinsured" coverage. That coverage pays a claim if the other driver is liable but doesn't have insurance or not enough to pay for the entire loss.

In recent years, disputes have arisen about just when an insurer is required to pay a claim under uninsured motorist coverage and, if the motorist making the claim has to hire a lawyer and sue to collect, how the legal fees are paid — separately, by the insurer, or out of the claim the insurer is finally required to pay.

In a 7-0 decision (two justices did not participate), the Supreme Court ruled Dec. 22 that an insurer was not required to pay a claim for uninsured motorist coverage until a court ruled on who was liable in the accident and for how much. And, the court said, the insurer was not responsible for the policyholder's legal fees.

But Alex Winslow, executive director of Texas Watch, a consumer group, said the Supreme Court ruling gives insurers incentive to resist paying claims, forcing a claimant to settle for much less than is rightfully owed or to sue — and then pay a third of the claim to the claimant's lawyer, months or years after suffering the loss.

Again: The Legislature requires drivers to buy liability coverage. Conscientious drivers who take the extra step and spend more of their hard-earned money to protect themselves against law-breakers shouldn't be forced to settle for less from an insurer who doesn't want to pay up.

Frank Schwaller claimed that his wife, Patricia Schwaller, suffered a fatal heart attack on August. 8, 2003, at age 52 as a result of using Vioxx for approximately 20 months. Merck maintained that it acted swiftly to try to warn doctors that Vioxx carried possibly dangerous side effects and that Schwaller's other health problems might better explain her death.