Republic Insurance Co. v. Stoker

OPINION

LARSEN, Justice.

This appeal presents us "with the issue of whether an insured’s extra-contractual claims for breach of the duty of good faith and fair dealing, the Texas Deceptive Trade Practices Act, and Texas Insurance Code, are always dependent upon underlying breach of contract claims, or whether their violation creates a cause of action even where an unrelated exclusion is later found to preclude coverage under the contract. Relying upon the Supreme Court’s decision in Viles v. Security National Insurance Co., 788 S.W.2d 566 (Tex.1990), we conclude that plaintiffs here were…