Aetna Casualty & Surety Co. v. Martin Surgical Supply Co.

OPINION

DUGGAN, Justice.

This is an appeal from a judgment awarding treble damages and attorney’s fees as indemnity for expenses of litigation. Appellee incurred the expenses by providing its own defense when a defense as an additional insured was available from appellant under a policy of insurance. Appellee’s judgment was based on causes of actions under the Deceptive Trade Practices — Consumer Protection Act (“the DTPA”), Tex.Bus. & Com.Code Ann. sec. 17.41, et seq. (Vernon Supp.1985), and the Texas Insurance Code, Tex.Ins.Code Ann. art. 21.21 (Vernon 1981).

In an earlier suit filed in 1972,…