In the five years since the Texas Supreme Court issued its decision in Mid-Continent Insurance Co. v. Liberty Mutual Insurance Co. (2007), appellate courts have limited the ruling to its facts.
In Mid-Continent, the high court ruled that a “fully indemnified insured has no right to recover an additional pro rata portion of settlement from an insurer regardless of that insurer’s contribution to the settlement. Having fully recovered its loss, an insured has no contractual rights that a co-insurer may assert against another co-insurer in subrogation.”
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