Angus Chemical Co. v. IMC Fertilizer, Inc.

In Texas, the general rule (with exceptions not relevant here) is that an injured party cannot sue the tortfeasor’s insurer directly until the tortfeasor’s liability has been finally determined by agreement or judgment. Great American Ins. Co. v. Murray, 437 S.W.2d 264, 265 (Tex.1969). If the general rule applies, a release of the tortfeasor that precludes a final determination of liability by agreement or judgment therefore precludes the releasing party from suing the tortfea-sor’s insurer. See Pool v. Durish, 848 S.W.2d 722, 723 (Tex.App.—Austin 1992, writ denied). But is the insurer…