in Re Essex Insurance Company

Rafael Zuniga sued San Diego Tortilla (SDT) for personal injuries and then added a declaratory judgment claim against SDT’s liability insurer, Essex Insurance Company, seeking a declaration that Essex must indemnify SDT for its liability to Zuniga. The trial court denied Essex’s motions to dismiss, and the court of appeals denied Essex’s petition for 'writ of mandamus. “In Texas, the general rule ... is that an injured party cannot sue the tortfeasor’s insurer directly until the tort-feasor’s liability has been finally determined by agreement or judgment.” Angus Chem. Co. v. IMC Fertilizer,…