Zurich American Ins. Co. v. Nokia Inc., No. 06-1030 (Tex. Aug. 29,2008)(Jefferson)
(insurance coverage, duty to defend)
A wireless telephone manufacturer, sued in a number of putative class actions alleging
that radiation emitted by the phones caused biological injury, turned to its insurers,
who had agreed to defend claims seeking damages because of bodily injury. After
initially providing a defense, the insurers later sought a declaration that they had no
duty to do so. Because we conclude that most of the underlying suits seek damages
because of bodily injury, we modify the court of appeals’ judgment and, as modified,
affirm.
ZURICH AMERICAN INSURANCE COMPANY, FEDERAL INSURANCE COMPANY, AND NATIONAL UNION FIRE
INSURANCE COMPANY v. NOKIA, INCORPORATED; from Dallas County; 5th district
(05-04-01729-CV, 202 SW3d 384, 08-21-06)
The Court modifies the court of appeals' judgment and affirms that judgment as modified.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright, Justice
Medina, Justice Green, Justice Johnson, and Justice Willett joined.
Justice Hecht delivered a dissenting opinion, in which Justice Brister joined.