CERTIFIED QUESTIONS FROM THE FEDERAL APPELLATE COURT TO TEX. SUP. CT.
Don's Building Supply, Inc. v. Onebeacon Ins. Co., No. 07-0639 (Tex. Aug. 29, 2008)(Willett)
(certified 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.
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)
Justice Brister delivered a concurring opinion.
Justice O'Neill delivered a dissenting opinion, in which Justice Medina, Justice Johnson, and Justice Willett joined
National Union Fire Ins. Co. of Pittsburg, PA v. Crocker, 246 S.W.3d 603, No. 06-0868 (Tex. Feb. 15,
2008)(Justice Willett) insurance coverage dispute, additional insured, duty to defend, notification)