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Monroe Guaranty Insurance Co. v. BITCO General Insurance Corp.

Court: Tx Sup  02/11/2022  Supreme Court Expands Use of Extrinsic Evidence to Determine Duty to Defend

The Texas Supreme Court has officially adopted a modified version of the Northfield test holding that extrinsic evidence may be admitted to determine the duty to defend if it goes solely to coverage and does not overlap with liability, does not contradict facts alleged in the pleading and conclusively establishes coverage and further stated that in some cases, extrinsic evidence on the date of the occurrence might be admissible but that it was not in the case before it because the date overlapped with the merits of the insured's liability.

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