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In re Houston Specialty Insurance Company

Court: Tx Sup  01/25/2019  Supreme court of Texas Conditionally Grants Mandamus Related to Insurer's Dismissal of Law Firm's Declaratory Judgment Action

Court held that the law firm's use of the Uniform Declaratory Judgments Act was an unauthorized use in that the law firm, which had advised an insurer regarding coverage in an underlying liability law suit, sought a declaration of nonliability in tort, depriving the true plaintiff of the traditional right to choose the time and place of suit.

general liability insurance, duty to defend, legal malpractice, uniform declaratory judgments act, UDJA, nonliability in tort, Rule 91a, motion to dismiss, writ of mandamus

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