Motiva Enterprises, LLC v. St. Paul Fire & Marine Insurance

We deny rehearing in this case and add the following:

As an alternate basis for our conclusion that Motiva cannot recover from National Union in this case, we point out that the holding by the Texas Supreme Court in *460State Farm, Lloyds Ins. Co. v. Maldonado, 963 S.W.2d 38, 40 (Tex.1998), has never been overruled or questioned by the Texas high court and is still good Texas law. Maldonado holds that a policy provision such as the one in National Union’s policy that the insured has no liability unless “the amount you owe has been determined with our consent or by actual trial and final judgment,”…