During this Survey period, Texas courts addressed various issues related to insurance law, including the application and scope of the “eight-corners” rule in determining the duty to defend, the availability of extracontractual remedies in the workers’ compensation context, and the right of an insured to choose independent counsel in light of a conflict of interest. Additionally, the Fifth Circuit certified two questions to the Texas Supreme Court regarding the application of the “contractual liability” exclusion in a commercial general liability policy. Finally, both state and federal courts continued to struggle with the relative rights of co-insurers through contribution and subrogation, as this area of law continued to evolve during this Survey period.
J. Price Collins, et al., Insurance Law, 66 SMU L. Rev. 949 (2013)