Texas Supreme Court Creates a New Theory to Impose Liability on Carriers

05.07.2021

In In re Farmers Tex. County Mut. Ins. Co., the Texas Supreme Court reaffirmed that there can be no Stowers claim absent an excess judgment. However, there may be a breach of contract action against the carrier when it does not pay the entire settlement and obligates the insured to pay for part of the settlement.

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