In J & D Towing, LLC v. American Alternative Insurance Corp., No. 14-0574 (Tex. Jan. 8, 2016), the Texas Supreme Court held, as a matter of first impression, that the owner of personal property that has been totally destroyed may recover loss-of-use damages in addition to the fair market value of the property immediately before it was destroyed.  In so holding, the court joined several other states, and abrogated several prior decisions of Texas appellate courts holding that loss-of-use damages were available only in cases where property had been partially – but not totally – damaged.  The court reasoned that the extent of the underlying property damage went to the question of direct damages, while loss-of-use damages were akin to consequential damages, which addressed a different injury wholly independent of the measure of the property damage.  Thus, loss-of-use damages, if proven, should be available irrespective of the nature or extent of the underlying property damage.