Arguments before the Texas Supreme Court on April 11 focused on whether an insurance company that mistakenly agreed to pay to defend an insured whose policy had expired is liable for those costs even though the insurer had no say about the defense.
Closely watched by lawyers for insurers and policyholders, Ulico Casualty Co. v. Allied Pilots Association provides the state Supreme Court an opportunity to decide whether an exception exists to the general rule that waiver and estoppel cannot be used to create insurance coverage when none exists under the insured’s policy. Austin, Texas’ 3rd Court of Appeals adopted the exception in 1980′s Farmers Texas County Mutual Insurance Co. v. Wilkinson, and other state intermediate appeals courts and federal courts in Texas have recognized the so-called Wilkinson exception over the past 26 years. But the Supreme Court has never adopted that doctrine.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
