Legal Opinion

in Re First Mercury Insurance Company

Texas Court of Appeals, 13th District

Decided May 23, 2014No. 13-13-00697-CVPublishedCited by 1 opinion

1Opinion of the Court

OPINION

Opinion by

Justice RODRIGUEZ. 1

By petition for writ of mandamus, First Mercury Insurance Company (“First Mercury”) contends that the trial court abused its discretion by denying First Mercury’s plea to the jurisdiction because, in Texas, an injured party generally cannot sue the tortfeasor’s insurer directly until the tort-feasor’s liability has been finally determined by agreement or judgment, and this prerequisite has not been met in the case below. 2 We conditionally grant mandamus relief.

I.BACKGROUND

Real parties in interest, Esteban Hurta-do, Gerardo Hurtado, San Juanita Davila, and…

2Cases cited35 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  3. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  4. In Re McAllen Medical Center, Inc.Texas Supreme Court · 2008
  5. Waco Independent School District v. GibsonTexas Supreme Court · 2000

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3Cited by1 opinion

  1. Central Texas Highway Constructors LLC v. Hudson Specialty Insurance CompanyDistrict Court, N.D. Texas · 2025

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