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Supreme Court of Texas


Metro Allied Ins. Agency, Inc. v. Lin, 07-1032

In plaintiff's action against an insurance company for negligence and a violation of the Deceptive Trade Practices Act (DTPA) for failure to procure a commercial general liability (CGL) policy, the judgment of the court of appeals in favor of the plaintiff is reversed and remanded is the causation standard for a claimed failure to procure insurance under a negligence theory and under the DTPA requires proof of the availability of some insurance that would have covered the plaintiff's damages.

Appellate Information

  • Decided 12/11/2009
  • Published 12/11/2009

Judges

  • PER CURIAM.

Court

  • Supreme Court of Texas

Counsel

  • For Appellant:
  • David W. Holman, The Holman Law Firm, P.C., Daniel W. Burrows, Daniel R. Dutko, Burck Lapidus & Lanza, PC, Houston, for Petitioners.

  • For Appellees:
  • Richard N. Countiss, Countiss Law Firm, Houston, for Respondents.
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