Fairfield Insurance Co. v. Stephens Martin Paving, LP

Justice HECHT,

joined by Justice BRISTER, Justice MEDINA, and Justice WILLETT, concurring.

The United States Court of Appeals for the Fifth Circuit has certified to us1 this question: “Does Texas public policy pro*671hibit a liability insurance provider from indemnifying an award for punitive damages imposed on its insured because of gross negligence?”2 As usual, the Circuit “disclaim[s] any intention or desire that the Supreme Court of Texas confine its reply to the precise form or scope of the question certified.”3 The Court answers “no” for the workers’ compensation insurance at issue in the…