Grapevine Excavation v. Maryland Lloyds

In answer to the question certified by the Fifth Circuit,1 this Court holds that section 38.006 of Civil Practice and Remedies Code permits recovery of attorney’s fees in favor of a prevailing insured in a breach of contract action against its insurance carrier. Although the plain language of this statute seemingly dictates the opposite result, the Court supports its answer by pointing to twenty years of “consistent” Texas precedent and the doctrine of legislative acceptance. These decisions, whether right or wrong, the Court says, have become an acknowledged part of Texas jurisprudence over…