Westchester Fire Insurance Co. v. Admiral Insurance Co.

OPINION ON REHEARING EN BANC

TERRIE LIVINGSTON, Justice.

Introduction

After en banc reconsideration and oral argument granted on appellee Admiral In*176surance Company’s (Admiral) motion for rehearing, we withdraw our prior opinion and judgment dated June 26, 2003 and substitute the following. See Tex.R.App. P. 49.1, 49.3, 49.7.

This case involves a Stowers action by an excess insurance carrier — the insured’s equitable subrogee — against the insured’s primary carrier for the negligent failure to settle an insurance claim within policy limits. See G.A. Stowers Furniture Co. v. Am. Indem. Co., 15…