Steven Plitt, Expert Witness Steven Plitt, Expert Witness
Insurance Bad Faith Claim Handling Expert Serving Clients Nationwide

Posts tagged "Texas Supreme Court"

TEXAS SUPREME COURT REJECTS THE USE OF EXTRINSIC EVIDENCE IN DECIDING THE DUTY TO DEFEND BY UPHOLDING A STRICT EIGHT-CORNERS RULE

Recently, the U.S. 5th Circuit Court of Appeals certified the following question to the Texas Supreme Court: "Is the policy-language exception to the eight-corners rule articulated in B. Hall Contracting, Inc. v. Evanston Ins. Co., 447 F.Supp.2d 634 (N.D. Tex. 2006), a permissible exception under Texas law?" In the B. Hall case, the eight-corners rule did not prohibit consideration of extrinsic evidence under the eight-corners rule unless the insurance policies in question explicitly required the insurer to defend "all actions against its insured no matter if the allegations of the suit are groundless, false, or fraudulent." See, B. Hall Contracting, Inc. v. Evanston Ins. Co., 447 F.Supp.2d 634, 645 (N.D. Tex. 2006).

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