The claims in this case arise out of the legal defense provided by an insurer to the appellant. Segerstrom does not stand for the proposition that an insurer's failure to appoint separate counsel immediately upon receiving notice of an unspecified conflict of interest from the insured would constitute a breach of contract. Attorneys' fees incurred as a result of efforts to force an insurer to comply with the insurance contract cannot be recovered as the sole "damages" caused by the breach, but may be awarded only in connection with an otherwise successful breach of contract claim. The trial court's judgment is affirmed. Dallas Court of Appeals, No. 05-11-01663-CV, 08-14-2013.
Marquis Acquisitions, Inc. v. Steadfast Insurance Co.
Tex. App. Dist. 5
August 14, 2013