Supreme Court of Texas

In an action involving physician's liability, trial court judgment against plaintiff in excess of statutory cap is reversed where the exception to the statutory cap on physician's liability when the physician's insurer has negligently failed to settle a claim within the limits of the physician's liability policy applies only to the physician's insurer and not the physician.

Appellate Information

• Argued 04/22/2008
• Decided 03/06/2009
• Published 03/06/2009

Judges

• Justice MEDINA delivered the opinion of the Court, in which Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON, and Justice WILLETT joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Jim Hund, Hund, Krier, Wilkerson & Wright, John Simpson, Splawn Simpson Pitts, Inc., Dennis R. Burrows, Benjamin H. Davidson II, McClesky Harriger Brazil & Graf, L.L.P., Lubbock, for Petitioner.


• For Appellees:
  
• John Smithee, Templeton Smithee Hayes Heinrich & Russell, L.L.P., Amarillo, Thomas J. Turner, Turner and Jordan, P.C., Lubbock, Joseph Todd Trombley, Alexander B. Klein III, The Klein Law Firm, Houston, for Respondents.