Supreme Court of Texas

In a coverage dispute, reversal of summary judgment in favor of petitioner and remand of the case to the trial court to determine statutory penalties and attorneys' fees is affirmed where: 1) respondent is an insured under petitioner's insurance policy and was entitled to coverage; 2) petitioner was bound to pay the settlement amount; and 3) the case is remanded for further proceedings on respondent's claims for attorney's fees and prejudgment interest. However, the court of appeals' judgment is reversed where respondent was not entitled to recover attorney's fees and damages under article 21.55 of the Texas Insurance Code.

Appellate Information

• Argued 04/13/2005
• Decided 06/13/2008
• Published 06/13/2008

Judges

• 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.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Henry S. Platts, Jeffery T. Nobles, Marcy Lynn Rothman, Brit T. Brown, Frank Anthony Monago, Beirne Maynard & Parsons, L.L.P., John P. Abbey, Spagnoletti & Associates, Houston, TX, for Petitioner., R. Kinnon Goleman, Virginia K. Hoelscher, Brown McCarroll, L.L.P., George S. Christian, Texas Civil Justice League, Austin, Robert M. Roach Jr., Cook & Roach, L.L.P., Houston, Thomas D. Caudle, P.C., Waxahachie, TX, for Amicus Curiae.


• For Appellees:
  
• David M. Bays, Jack G. Carnegie, Tom Bayko, Jones Day, Houston, Wyatt D. Snider, Snider & Byrd, L.L.P., John Stephen Morgan, Lindsay & Morgan, PLLC Beaumont, Allyson Newton Ho, Baker Botts L.L.P., Dallas TX, for Respondent.