Unauthorized Practice of Law Committee v. American Home Assurance Co.

in which Chief Justice JEFFERSON, Justice O’NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice MEDINA, and Justice WILLETT joined.

Liability insurance policies commonly provide that the insurer must indemnify the insured from liability for covered claims and give the insurer the duty, and also the right, to defend such claims. The right to defend in many policies gives the insurer complete, exclusive control of the defense. Insurance companies retain. attorneys in private practice to represent insureds in defending claims against them, but for decades, in Texas and other states, insurers have…