Legal Opinion

Gibbons-Markey v. Texas Medical Liability Trust (In Re Gibbons-Markey)

Court of Appeals for the Fifth Circuit

Decided January 23, 2006No. 04-51345UnpublishedCited by 4 opinions

1Opinion of the Court

PER CURIAM: *

This appeal arises from an insurance coverage dispute between insurer Texas Medical Liability Trust (TMLT) and its insured doctor, Donna Gibbons-Markey, who after failure to receive notice ■ of a malpractice suit and receipt of news .of a default judgment entered against her, waited approximately five months before notifying her carrier of the default. Gibbons-Markey sued for breach of the duty to defend complaining of TMLT’s failure to file a bill of review to vacate the judgment, a remedy she successfully pursued through private counsel at her own cost. This suit was commenced…

2Cases cited14 opinions

  1. Harwell v. State Farm Mutual Automobile Insurance Co.Texas Supreme Court · 1995
  2. Primate Construction, Inc. v. SilverTexas Supreme Court · 1994
  3. Caldwell v. BarnesTexas Supreme Court · 1998
  4. Carrieri v. Jobs.Com Inc.Court of Appeals for the Fifth Circuit · 2004
  5. Texaco, Inc. v. Central Power & Light Co.Texas Supreme Court · 1996

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3Cited by4 opinions

  1. Coastal Refining & Marketing, Inc. v. United States Fidelity & Guaranty Co., Texas Court of Appeals, 14th District (Houston)2007
  2. Companion Property & Casualty Insurance v. OpheimDistrict Court, N.D. Texas · 2015
  3. Clarke v. Allianz Global Risks U.S. InsuranceDistrict Court, N.D. Texas · 2009
  4. Associated Automotive Inc. v. Acceptance Indemnity Insurance CompanyDistrict Court, S.D. Texas · 2010

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