Aetna Casualty & Surety Co. v. Marshall

KILGARLIN, Justice.

We granted writ in this case principally to consider whether a cause of action exists against an insurance carrier under Tex.Ins. Code Ann. art. 21.21 (unfair insurance practices) when that carrier fails to comply with the terms of a worker’s compensation com*771promise settlement agreement. Of additional concern at the time we granted writ was whether an insurance carrier owes a duty of good faith and fair dealing to the compensation claimant in complying with the terms of the settlement agreement.

Based on jury findings that Aetna Casualty and Surety Company had represented to…