duty to defend claim (Texas) · Go Syfert
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duty to defend claim in Texas

5 Texas opinions name it 2 courts 2000–2021 1 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Janet Richards, Melvin Richards, and Amanda Culver Meals v. State Farm Lloydsgreen
tex · 2020 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Richards, 597 S.W.3d at 494, 498-99 & n.8 (explaining the rule and stating it is applied “routinely” and that “[c]ommentors generally consider the eight-corners rule a settled feature of Texas law.”); GuideOne Elite Ins.

11
Bush Construction, Inc. v. Texas Mutual Insurance Companygreen
texapp · 2018 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020Co., 557 S.W.3d 817, 822 (Tex. App.—Texarkana 2018, no pet.) (“In determining whether an insurer has the duty to defend a claim against its insured, we apply the eight-corners rule”); Allstate Cty.

11
G & H TOWING CO. v. Mageegreen
tex · 2011 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018“Although a trial court errs in granting a summary judgment on a cause of action not expressly presented by written motion, . . . the error is harmless when the omitted cause of action is precluded as a matter of law by other grounds raised in the case.” G & H Towing Co. v. Magee, 347 S.W.3d 293, 297-98 (Tex. 2011).

11
Pioneer Chlor Alkali Co. Inc. v. Royal Indem. Co.green
texapp · 1994 · cited in 1 Texas opinions naming this issue, 2000–2000
1 sentence

2000See 879 S.W.2d 920, 925 (Tex.App.—Houston [14th Dist.] 1994, no writ).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
MBM Financial Corp. v. Woodlands Operating Co. green
tex · 2009
2 sentences

2011The court concluded that “[e]xtending the bar against declarations of non-liability from tort to contract cases would drastically handicap declaratory-judgment practice in Texas.” Id.

2011“And, historically, declarations of non-liability under a contract have been among the most -6- 04-10-00242-CV common suits filed under the Act, including: suits by insurers to declare non-liability under a duty-to-defend clause, suits by employees to declare non-liability under a covenant not to compete, and suits by a party to declare non-liability for higher or additional payments.” Id.

12011–2011

Where else courts name it

IL 23 (1992–2022) CA 19 (1970–2026) WI 11 (1984–2025) LA 9 (1979–2014) PA 8 (1986–2019) MN 6 (1993–2012) MI 6 (1977–2023) MA 5 (2006–2023) NJ 5 (1991–1998) TX 5 (2000–2021) OH 4 (1997–2023) DE 4 (2018–2024) SC 3 (2017–2017) MD 3 (2019–2019) NM 3 (2023–2024) AK 2 (1981–1997) ME 2 (1996–2004) FL 2 (1982–2005) MO 2 (2010–2018) OR 2 (1996–1997)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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