In re Hous. Specialty Ins. Co.

In this mandamus proceeding, relator Houston Specialty Insurance Co. ("HSIC") argues that the trial court erred by denying its Rule 91a motion to dismiss a declaratory judgment action because the declarations sought are of nonliability for legal malpractice. See TEX. R. CIV. P. 91a.1 ("[A] party may move to dismiss a cause of action on the grounds that it has no basis *139in law or fact."). We agree and conditionally grant relief.

HSIC insured South Central Coal Company pursuant to a commercial general liability policy ("the Policy"). The Coal Company was sued in LeFlore County, Oklahoma by the…