According to the appellant, an insurer prematurely tendered the limits of the appellant's primary and umbrella policies ($6 million total) while undercutting the appellant's ability to defend a class action suit for environmental damage following Hurricanes Katrina and Rita. No Texas court has yet held that recovery is available for an insurer's extreme act, causing injury independent of the policy claim, in the first-party claim context, let alone in the third-party claim context. The district court's judgment is affirmed. 5th U.S. Circuit Court of Appeals, No. 11-10649, 02-22-2013.
Mid-Continent Casualty Co. v. Eland Energy Inc.
February 26, 2013