context: We decline, however, to follow that opinion's isolated preference for physical payment. Rather, "it [i]s not necessary that [an attorney's] fee be paid to enable [an insured] to recover, but when he established that he [i]s obligated to pay, and that the fee is reasonable ... his cause of action accrued."
citation_a.signal: cf.
citation_a.identifier: 843 S.W.2d 212, 220
citation_a.parenthetical: holding in an appeal from a post-answer default judgment that third prong of Craddock test required appellant to offer to reimburse appellee for legal expenses he incurred in obtaining default judgment, even though most of the fees incurred had not been paid
citation_a.sentence: Royal Indem. Co. v. Schwartz, 172 S.W. 581, 584 (Tex.Civ.App.-El Paso 1914, writ dism’d w.o.j.); see also Oliver B. Cannon and Son, Inc. v. Fidelity & Cas. Co. of New York, 519 F.Supp. 668, 675-76 (D.C.Del.1981) (recognizing that an insured is not precluded from maintaining “an action in its own name to recover its unpaid attorney’s fees merely because, by the workings of an independent agreement between [insured] and [attorney], [the insured] may be relieved of all or part of its obligation to pay those fees”); Colpan Realty Corp. v. Great Am. Ins. Co., 83 Misc.2d 730, 373 N.Y.S.2d 802, 805 (N.Y.Sup.Ct.1975) (“If defendant is in fact obligated to pay for legal expenses involved it must pick up the tab whether plaintiff paid it or not. There is no logical reason to require plaintiff to advance money it is not obligated to pay as a condition to obtaining payment from the party responsible for the obligation in the first place.”); cf. Jamar v. Patterson, 910 S.W.2d 118, 123-24 (Tex.App.-Houston [14th Dist.] 1995, writ denied) (holding that an award for medical expenses is proper when the expenses have been incurred, but not paid); O’Connell v. O’Connell, 843 S.W.2d 212, 220 (Tex.App.-Texarkana 1992, no writ) (holding in an appeal from a post-answer default judgment that third prong of Craddock test required appellant to offer to reimburse appellee for legal expenses he incurred in obtaining default judgment, even though most of the fees incurred had not been paid).
citation_b.signal: see also
citation_b.parenthetical: "If defendant is in fact obligated to pay for legal expenses involved it must pick up the tab whether plaintiff paid it or not. There is no logical reason to require plaintiff to advance money it is not obligated to pay as a condition to obtaining payment from the party responsible for the obligation in the first place."
citation_b.sentence: Royal Indem. Co. v. Schwartz, 172 S.W. 581, 584 (Tex.Civ.App.-El Paso 1914, writ dism’d w.o.j.); see also Oliver B. Cannon and Son, Inc. v. Fidelity & Cas. Co. of New York, 519 F.Supp. 668, 675-76 (D.C.Del.1981) (recognizing that an insured is not precluded from maintaining “an action in its own name to recover its unpaid attorney’s fees merely because, by the workings of an independent agreement between [insured] and [attorney], [the insured] may be relieved of all or part of its obligation to pay those fees”); Colpan Realty Corp. v. Great Am. Ins. Co., 83 Misc.2d 730, 373 N.Y.S.2d 802, 805 (N.Y.Sup.Ct.1975) (“If defendant is in fact obligated to pay for legal expenses involved it must pick up the tab whether plaintiff paid it or not. There is no logical reason to require plaintiff to advance money it is not obligated to pay as a condition to obtaining payment from the party responsible for the obligation in the first place.”); cf. Jamar v. Patterson, 910 S.W.2d 118, 123-24 (Tex.App.-Houston [14th Dist.] 1995, writ denied) (holding that an award for medical expenses is proper when the expenses have been incurred, but not paid); O’Connell v. O’Connell, 843 S.W.2d 212, 220 (Tex.App.-Texarkana 1992, no writ) (holding in an appeal from a post-answer default judgment that third prong of Craddock test required appellant to offer to reimburse appellee for legal expenses he incurred in obtaining default judgment, even though most of the fees incurred had not been paid).