Seguros Tepeyac, S.A., Compania Mexicana De Seguros Generales v. Maynard Bostrom and James L. Jernigan

WISDOM, Circuit Judge:

This case presents a new twist in the Texas Stowers doctrine. When an injured person claims damages against an insured tort-feasor for an injury covered under a liability policy, the Texas Stowers doctrine requires the insurer to exercise ordinary care to protect the insured to the amount of the policy limits.1 If the insurer breaches that duty, *171the insured has a cause of action against the insurer for the total amount of the claimant’s judgment against him, including the amount in excess of the policy limit. Here, the policy was for $5,000; allegedly, the claim might…