2008 Texas Supreme Court Opinions, Concurrences and Dissents INSURANCE LAW and INSURANCE-RELATED DECISIONS U.S. Fidelity & Guaranty Co. v. Goudeau, No. 06-0987 (Tex. Dec. 19, 2008)(Brister)(insurance coverage, insurer in two capacities in same suit, intervenor, subrogaton, admission) UNITED STATES FIDELITY AND GUARANTY COMPANY v. LOUIS GOUDEAU; from Harris County; 1st district (01-04-01168-CV, 243 SW3d 1, 08-31-06) The Court reverses in part the court of appeals' judgment and renders judgment. Justice Brister delivered the opinion of the Court, in which Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, and Justice Willett joined. Justice Green delivered a dissenting opinion, in which Chief Justice Jefferson and Justice Johnson joined Ulico Casualty Co. v. Allied Pilots Association, No. 06-0247 (Tex. Aug. 29, 2008)(Johnson) (insurance coverage, non-coverage claim, waiver, estoppel) ULICO CASUALTY COMPANY v. ALLIED PILOTS ASSOCIATION; from Tarrant County; 2nd district (02-04-00120-CV, 187 SW3d 91, 12-15-05) The Court reverses the court of appeals' judgment and renders judgment. Justice Johnson delivered the opinion of the Court. Chief Justice Jefferson delivered a concurring opinion, in which Justice O'Neill joined. Zurich American Ins. Co. v. Nokia Inc., No. 06-1030 (Tex. Aug. 29, 2008)(Jefferson) (insurance coverage, duty to defend) 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. Federal Ins. Co. v. Samsung Electronics America, No. 06-1040 (Tex. Aug. 29, 2008)(Jefferson) (insurer's duty to defend cell phone company against consumer class action found) FEDERAL INSURANCE COMPANY v. SAMSUNG ELECTRONICS AMERICA, SAMSUNG TELECOMMUNICATIONS AMERICA, L.P. F/K/A SAMSUNG TELECOMMUNICATIONS AMERICA, INC. AND SAMSUNG ELECTRONICS CO., LTD.; from Dallas County; 5th district (05-04-01316-CV, 202 SW3d 372, 08-21-06) The Court affirms the court of appeals' judgment. 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. Trinity Universal Ins. Co. v. Cellular One Group, No. 07-0140 (Tex. Aug. 29, 2008)(Jefferson) (insurance law, duty to defend, companion case to Zurich v. Nokia) TRINITY UNIVERSAL INSURANCE COMPANY v. CELLULAR ONE GROUP; from Dallas County; 5th district (05-04-01641-CV, ___ SW3d ___, 01-09-07) The Court affirms the court of appeals' judgment. 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. Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett) (cert. questions)(insurance coverage dispute, duty to defend, eight corners rule, belated discovery of residential construction defect) DON'S BUILDING SUPPLY, INC. v. ONEBEACON INSURANCE COMPANY, AS ASSIGNEE OF POTOMAC INSURANCE COMPANY OF ILLINOIS The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Willett delivered the opinion of the Court. Evanston Ins. Co. v. Atofina Petrochemicals, No. 03-0647 (Tex. June 13, 2008)(Substituted opinion by Justice Paul Green on further motions for rehearing) (insurance case) EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th district (09-02-00072-CV, 104 SW3d 247, 04-10-03) Atofina's motion for rehearing granted Evanston's motion for rehearing denied The Court's opinion and judgment of February 15, 2008 are withdrawn and the opinion and judgment of this date are issued. The concurring and dissenting opinion by Justice Hecht, issued February 15, 2008, remains in place. The Court reverses the court of appeals' judgment and remands the case to the trial court. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F. Justice Hecht delivered an opinion concurring in part and dissenting in part, in which Justice Johnson joined Frymire Engineering Co. v. Jomar International, No. 06-0755 (Tex. June 13, 2008)(Willett)(indemnity, equitable subrogation standing, construction law) FRYMIRE ENGINEERING COMPANY, INC. BY AND THROUGH REAL PARTY IN INTEREST, LIBERTY MUTUAL INSURANCE COMPANY v. JOMAR INTERNATIONAL, LTD. AND MIXER S.R.L.; from Dallas County; 5th district (05-04-01717-CV, 194 SW3d 713, 05-30-06) The Court reverses the court of appeals' judgment and remands the case to that court. First American Title Ins. Co. v. Susan Combs, Comptroller, No. 05-0541 (Tex. May 16, 2008)(Majority Opinion by Don Willett) (taxation of out-of-state insurers, retaliatory tax) FIRST AMERICAN TITLE INSURANCE COMPANY AND OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY v. SUSAN COMBS, COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS, AND GREGG ABBOTT, ATTORNEY GENERAL OF TEXAS; from Travis County; 3rd district (03-04-00342-CV, 169 S.W.3d 298, 06-03-05) The Court affirms the court of appeals' judgment. Justice Willett delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Green, and Justice Johnson joined. Justice Hecht delivered a dissenting opinion, in which Justice Wainwright, Justice Brister, and Justice Medina joined. Texas Mutual Ins. Co. v. Ledbetter, No. 06-0814 (Tex. Apr. 4, 2008)(Brister)(workers comp, subrogation claim) TEXAS MUTUAL INSURANCE COMPANY v. PAULA LEDBETTER, REPRESENTATIVE OF THE ESTATE OF CHARLES WADE LEDBETTER, INDIVIDUALLY AND AS NEXT FRIEND OF DUSTIN WADE LEDBETTER, A MINOR, AND TONJA LEDBETTER AND JAMIE LEDBETTER, INDIVIDUALLY; from Jones County; 11th district (11-05-00098-CV, 192 S.W.3d 912, 06-01-06) 2 petitions motion for emergency relief from declaratory judgment action dismissed as moot The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the trial court. Justice Brister delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice Johnson joined as to Parts I through III and Part V. Ansell Healthcare Products, Inc. v. Owens & Minor, Inc., No. 06-0386 (Tex. Apr. 4, 2008)(per curiam) (product liability, indemnification for litigation costs) ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY v. OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC.; from Bowie County; 6th district (06-04-00136-CV, 189 S.W.3d 889, 03-31-06) 2 petitions Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. Unauthorized Practice of Law Committee v. American Home Assurance Co., Inc., No. 04-0138 (Tex. Mar. 28, 2008)(Hecht) (inhouse counsel, UPLA unauthorized practice of law in Texas) UNAUTHORIZED PRACTICE OF LAW COMMITTEE v. AMERICAN HOME ASSURANCE COMPANY, INC. AND THE TRAVELERS INDEMNITY COMPANY; from Dallas County; 11th district (11-02-00212-CV, 121 S. W.3d 831, 11-06-03) The Court modifies the court of appeals' judgment and affirms that judgment as modified. Justice Hecht delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined. Justice Johnson delivered a dissenting opinion, in which Justice Green joined. Nationwide Ins. Co. v. Elchehimi, No. 06-0106 (Tex. Mar. 28, 2008)(Wainwright) (insurance coverage, breach of contract, claim denial) NATIONWIDE INSURANCE COMPANY v. MOHAMAD ELCHEHIMI, INDIVIDUALLY AND AS PARENT AND NEXT FRIEND OF KHALED ELCHEHIMI AND LUKMAN ELCHEHIMI, MINORS; from Ellis County; 10th district (10-04-00298-CV, 183 S.W.3d 833, 12-28-05) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Brister, Justice Green, Justice Johnson, and Justice Willett joined. Justice O'Neill delivered a dissenting opinion, in which Justice Medina joined. Lowenberg v. City of Dallas, No. 06-0310 (Tex. Mar. 28, 2008)(per curiam)(illegal fee, tax refund suit, takings claim, declaratory judgment, UDJA attorney's fees) JIM LOWENBERG, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED v. CITY OF DALLAS; from Dallas County; 11th district (11-03-00061-CV, 187 S.W.3d 777, 03-01-06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and renders judgment. Owens & Minor, Inc. v. Ansell Healthcare Products, Inc., No. 06-0322 (Tex. Mar 28, 2008)(Green) (cert. question from 5th Cir.) (products liability, indemnification, litigation costs) OWENS & MINOR, INC. AND OWENS & MINOR MEDICAL, INC. v. ANSELL HEALTHCARE PRODUCTS, INC. AND BECTON, DICKINSON AND COMPANY motion to consolidate denied The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice Wainwright, and Justice Brister joined. Justice Brister delivered a concurring opinion. Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined. Grimes Construction, Inc. v. Great American Lloyds Ins. Co., No. 06-0332 (Tex. 2007)(per curiam) (liability insurance coverage for defective work by contractor) GRIMES CONSTRUCTION, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Tarrant County; 2nd district (02-04-00335-CV, 188 S.W.3d 805, 03/09/06) Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the trial court. This declaratory judgment action concerns the duty to defend and indemnify under a commercial general liability (CGL) policy. The appeal presents issues similar to those decided in Lamar Homes, Inc. v. Mid- Continent Casualty Co., 242 S.W.3d 1 (Tex. 2007). Evanston Ins. Co. v. Atofina Petrochemicals, Inc., No. 03-0647 (Tex. Feb. 15, 2008)(Justice Green) (insurance law, indemnification) EVANSTON INSURANCE COMPANY v. ATOFINA PETROCHEMICALS, INC.; from Jefferson County; 9th district (09-02-00072-CV, 104 S.W.3d 247, 04/10/03) opinion and judgment issued May 5, 2006, withdrawn substituted opinion issued motion to dismiss petition for review as improvidently granted, denied joint motion for oral argument on rehearing, dismissed as moot The Court affirms in part and reverses in part the court of appeals' judgment and renders judgment. Justice Green delivered the opinion of the Court, in which Chief Justice Jefferson, Justice O’Neill, Justice Wainwright, Justice Brister, Justice Medina, and Justice Willett joined, and in which Justice Hecht and Justice Johnson joined as to Parts I, II.A–II.D, and II.F. Justice Hecht filed an opinion concurring in part and dissenting in part , in which Justice Johnson joined. Fairfield Ins. Co. v. Stephens Martin Paving, LP, No. 04-0728 (Tex. Feb. 15, 2008)(Justice Wainwright) (insurance coverage and indemnification of punitive damages arising from gross negligence) FAIRFIELD INSURANCE COMPANY v. STEPHENS MARTIN PAVING, LP; CARRIE BENNETT, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROY EDWARD BENNETT, DECEASED, AND AS NEXT FRIEND OF LANE EDWARD BENNETT, CODY LEE BENNETT, AND APRIL ANNE BENNETT, MINORS motion for re-argument denied The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit. Justice Wainwright delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Hecht, Justice O'Neill, Justice Brister, Justice Medina, Justice Green, and Justice Willett joined, and in which Justice Johnson joined as to Parts I, II, and IV only. Justice Hecht delivered a concurring opinion, in which Justice Brister, Justice Medina, and Justice Willett joined. Justice Johnson delivered a concurring opinion. National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, No. 06-0868 (Tex. Feb. 15, 2008)(Justice Willett) (insurance coverage, additional insured, notification) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURG, PA v. BEATRICE CROCKER; 5th district The Court answers the questions certified by the United States Court of Appeals for the Fifth Circuit. Justice Willett delivered the opinion of the Court. Excess Underwriters v. Frank's Casing Crew & Rental Tools, Inc., No. 02-0730 (Tex. Feb. 1, 2008) (Substitute opinion on rehearing by Justice Harriet O'Neill; 2005 opinion withdrawn) (insurance law, right to reimbursement) EXCESS UNDERWRITERS AT LLOYD'S, LONDON AND CERTAIN COMPANIES SUBSCRIBING SEVERALLY BUT NOT JOINTLY TO POLICY NO. 548/TA4011F01 v. FRANK'S CASING CREW & RENTAL TOOLS, INC.; from Harris County; 14th district (14-01-00349-CV, 93 S.W.3d 178, 06/27/02) The Court affirms the court of appeals' judgment. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Medina, Justice Johnson, and Justice Willett joined. Justice Hecht delivered a dissenting opinion, in which Justice Green joined. Justice Wainwright delivered a dissenting opinion. (Justice Brister not sitting) Warwick Towers Council of Co-Owners v. Park Warwick LP, No. 07-0384 (Tex. Jan 25, 2008)(per curiam) (insurance law, sufficiency, effectiveness of notice of appeal in insured's name, rather than insurer's) WARWICK TOWERS COUNCIL OF CO-OWNERS, BY AND THROUGH ST. PAUL FIRE & MARINE INSURANCE COMPANY v. PARK WARWICK, L.P., PARK WARWICK INVESTMENTS, L.L.C., AND PARK HOTEL INVESTMENTS, L.L.C.; from Harris County; 14th district (14-05-00254-CV, 218 S.W.3d 149, 01-11-2007) [Justice Seymore dissented in the court of appeals] Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to that court. Paj, Inc. v. The Hanover Ins. Co., No. 05-0849 (Tex. Jan. 11, 2008)(Opinion by Justice O'Neill) (insurance law, effect of failure to comply with notice of claim requirements) PAJ, INC. D/B/A PRIME ART & JEWEL v. THE HANOVER INSURANCE COMPANY; from Dallas County; 5th district (05-04-01047-CV, 170 S.W.3d 258, 08/26/05) The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to the trial court in part. Justice O'Neill delivered the opinion of the Court, in which Chief Justice Jefferson, Justice Brister, Justice Medina, and Justice Green joined. Justice Willett delivered a dissenting opinion, in which Justice Hecht, Justice Wainwright, and Justice Johnson joined. AIG Aviation v. Holt Helicopters, Inc. No. 06-0484 (Tex. Jan. 11, 2008)(Dissenting opinion on reh'g by Justice Willett) (construction of aviation insurance contract) AIG AVIATION (TEXAS), INC. AND NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA v. HOLT HELICOPTERS, INC.; from Uvalde County; 4th district (04-05-00291-CV, 198 S. W.3d 276, 04/26/06) Dissenting opinion by Justice Willett |
2008 TEXAS SUPREME COURT
INSURANCE LAW DECISIONS ON THE WEB
INSURANCE LAW DECISIONS ON THE WEB
| LINKS FOR TEX. SUP. CT. ACTIVITY Texas Supreme Court Opinions 2008 Tex 2008 Mandamus Opinions Per Curiam Opinions (Tex. 2008) Texas Supreme Court Orders 2008 Petitions for Review Denied 2008 Petitions Granted in 2008 SUPREME COURT RULINGS BY LAW SUIT TYPE PRACTICE AREA Tex 2008 Opinions by Category (Index) Medical MalpractIce Decisions Consumer Law and Class Actions Supreme Court Family Law Decisions JUDICIAL POLITICS PAGES 2008 Judicial Election Campaigns TEXAS OPINION HOME PAGE |