Legal Opinion
American Physicians Insurance Exchange v. Garcia
Texas Supreme Court
Decided June 8, 1994No. D-1239PublishedCited by 296 opinions
1Opinion of the CourtCornyn, Justice
PHILLIPS, Chief Justice, and GONZALEZ, HECHT and ENOCH, Justices, join.
We grant American Physicians Insurance Exchange’s (“APIE’s”) motion for rehearing, withdraw our prior opinion and judgment, and substitute the following in its place.1 We decide whether Dr. Ramon Garcia’s malpractice insurance carrier, APIE, breached its duty to defend Garcia or its Stowers2 duty to settle. We hold that the evidence conclusively establishes that APIE discharged its duty to defend Garcia, and that because APIE never received a settlement demand within its policy limits, it did not breach its Stowers duty to…
2Cases cited48 opinions
- Rova Farms Resort, Inc. v. Investors Insurance Co. of AmericaSupreme Court of New Jersey · 1974
- Arnold v. National County Mutual Fire Insurance Co.Texas Supreme Court · 1987
- Aranda v. Insurance Co. of North AmericaTexas Supreme Court · 1988
- Hartford Fire Ins. Co. v. CaliforniaSupreme Court of the United States · 1993
- G. A. Stowers Furniture Co. v. American Indemnity Co.Texas Supreme Court · 1929
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3Cited by296 opinions
- National Union Fire Insurance Co. of Pittsburgh v. Merchants Fast Motor Lines, Inc.Texas Supreme Court · 1997
- Trinity Universal Insurance Co. v. CowanTexas Supreme Court · 1997
- State Farm Fire & Casualty Co. v. GandyTexas Supreme Court · 1996
- Rocor International, Inc. v. National Union Fire Insurance Co. of PittsburghTexas Supreme Court · 2002
- Transport Insurance Co. v. FairclothTexas Supreme Court · 1995
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