[Download] "Northern County Mutual Insurance Co. V. Davalos" by In the Supreme Court of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Northern County Mutual Insurance Co. V. Davalos
- Author : In the Supreme Court of Texas
- Release Date : January 02, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
The automobile liability policy in this case obligated the insurer to provide a defense for covered claims and granted the insurer the right to conduct that defense. The insured, however, refused the insurer's tendered defense because of a disagreement about where the case should be defended. The issue we must decide is whether a disagreement over venue is a sufficient reason for the insurer to lose its right to conduct the defense, while still remaining obligated to pay for it. The court of appeals concluded that it was sufficient, affirming an award of damages against the insurer for breach of the duty to defend. 84 S.W.3d 314. We conclude that this venue impasse was not a sufficient reason to take the contractual right to conduct the defense away from the insurer. Accordingly, we reverse the judgment of the court of appeals and render judgment that the insured take nothing.
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