Gibbons-Markey v. Texas Medical Liability Trust (In Re Gibbons-Markey)
Court of Appeals for the Fifth Circuit
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…
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