Legal Opinion · Concurrence

Bocanegra v. Aetna Life Insurance Co.

Texas Supreme Court

Decided July 16, 1980No. B-8077Published

1ConcurrenceCampbell, Justice

We should not attempt to draw an artificial distinction between this case and the decisions in Huckabee and Metroflight merely to avoid an admission that those decisions were erroneous. The claims in those cases were as uncertain as the claims in this case. Except for uncertainty there would obviously have been no compromise and settlement. This decision establishes a rule of law that whether a settlement with a defendant will be deemed an election barring suit against another defendant, upon facts inconsistent with those asserted to obtain the settlement, will be ultimately determined by…

2Cases cited9 opinions

  1. Norman P. Miller and Kenneth Rubenstein v. Republic National Life Insurance Company v. Sy C. Sussman and Ruth L. Sussman, Movants-AppellantsCourt of Appeals for the Fifth Circuit · 1977
  2. Deal v. MadisonCourt of Appeals of Texas · 1978
  3. Pearce v. Texas Employers Insurance AssociationCourt of Appeals of Texas · 1966
  4. Pearce v. Texas Employers Insurance AssociationTexas Supreme Court · 1967
  5. Fidelity-Southern Fire Insurance Co. v. WhitmanCourt of Appeals of Texas · 1967

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API