Rocor International, Inc. v. National Union Fire Insurance Co. of Pittsburgh

in which Chief Justice PHILLIPS, Justice ENOCH, Justice JEFFERSON, and Justice RODRIGUEZ joined.

In this case, an insured sued its excess liability carrier for costs that it incurred in defending a lawsuit while the insurer delayed settling the claim. We must decide whether article 21.21 of the Texas Insurance Code affords the insured a cause of action for unfair claim settlement practices 1 and, if it does, we must define the action’s legal elements. A divided court of appeals concluded that the insured could not assert a claim under the statute, and that the evidence did not support recovery…