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The Court of Appeals of Texas, Fourth District, sitting en banc, has denied a motion for en banc reconsideration. Notably, three of the seven justices would have granted the motion, and the three justices would have ruled that an automobile insurance policy covered exemplary damages – including punitive damages. Given that Chief Justice Sandee Bryan Marion of the Fourth District felt compelled to write a separate opinion concurring in the denial of the motion for en banc consideration, perhaps this issue has not yet been firmly settled in Texas.
