2009 Texas Supreme Court Opinions, Concurrences and Dissents
INSURANCE LAW and INSURANCE-RELATED DECISIONS
Also see --> 2008 Texas Supreme Court Insurance Law Decisions
Prodigy Communications Corp. v. Agricultural Excess & Surplus Insurance, No. 06-0598 (Tex. Mar. 27,
2009)(Jefferson) (insurance law, effect of noncompliance with prompt notice requirement as condition
precedent for coverage of claim, prejudice factor)
PRODIGY COMMUNICATIONS CORP. v. AGRICULTURAL EXCESS & SURPLUS INSURANCE
COMPANY, N/K/A GREAT AMERICAN E & S INSURANCE COMPANY AND GREAT AMERICAN
INSURANCE COMPANY; from Dallas County; 5th district (05-05-00442-CV, 195 SW3d 764, 05-30-06)
The Court reverses the court of appeals' judgment, renders judgment in part, and remands the case to
the trial court.
Chief Justice Jefferson delivered the opinion of the Court, in which Justice O'Neill, Justice Wainwright,
Justice Brister, Justice Medina, and Justice Green joined.
Justice Wainwright delivered a concurring opinion.
Justice Johnson delivered a dissenting opinion, in which Justice Hecht and Justice Willett joined.
Financial Industries Corp. v. XL Specialty Ins. Co., No. 07-1059 (Tex. Mar. 27, 2009)(Jefferson)(cert.
question from the 5th Circuit) (effect of insured's failure to give insurer prompt notice of claim, prejudice
FINANCIAL INDUSTRIES CORPORATION v. XL SPECIALTY INSURANCE COMPANY
The Court answers the question certified by the United States Court of Appeals for the Fifth Circuit.
Chief Justice Jefferson delivered the opinion of the Court.
Progressive County Mutual Ins. Co. v. Kelley, No. 08-0073 (Tex. Mar. 27, 2009)(per curiam) (insurance
policy documents were ambiguous, thus raising issues of fact precluding summary judgment) (contract
construction, insurance coverage dispute, contract consisting of multiple documents, definiteness,
PROGRESSIVE COUNTY MUTUAL INSURANCE COMPANY v. REGAN KELLEY; from Brazos
County; 10th district (10-06-00263-CV, ___ SW3d ___, 12-12-07)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without
hearing oral argument, the Court reverses the court of appeals' judgment and remands the case to the
Per Curiam Opinion
Phillips MD v. Bramlett, No. 07-0522 (Tex. Mar. 6, 2009)(Medina)(insurance law, Stowers doctrine, liability
BENNY P. PHILLIPS, M.D. v. DALE BRAMLETT, INDIVIDUALLY AND AS INDEPENDENT ADMINISTRAPTOR
OF THE ESTATE OF VICKI BRAMLETT, DECEASED, SHANE FULLER AND MICHAEL FULLER; from
Lubbock County; 7th district (07-05-00456-CV, 258 SW3d 158, 03-19-07)
The Court reverses the court of appeals' judgment and remands the case to the trial court.
Justice Medina delivered the opinion of the Court, in which Justice Wainwright, Justice Brister, Justice
Johnson, and Justice Willett joined.
Justice O'Neill delivered a dissenting opinion, in which Chief Justice Jefferson, Justice Hecht, and Justice
Pine Oak Builders, Inc. v. Great American Lloyds Ins. Co., No. 06-0867 (Tex. 2009)(Willett)
(insurance coverage dispute, duty to defend not triggered by allegations in suit)
PINE OAK BUILDERS, INC. v. GREAT AMERICAN LLOYDS INSURANCE COMPANY; from Harris County;
14th district (14-05-00487-CV, ___ SW3d ___, 07-06-06) 2 petitions
The Court affirms in part and reverses in part the court of appeals' judgment and remands the case to the
Justice Willett delivered the opinion of the Court.
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