The Supreme Court of Texas reversed and rendered in part an appellate court's judgment that held an excess insurer is obligated to pay defense costs, holding that although the underlying primary policy provided coverage for defense costs and the excess policy could be characterized as a 'follow-form' policy, the excess policy did not adopt every provision of the primary policy and only provided coverage for loss which the excess policy defined as "those sums actually paid in the settlement or satisfaction of a claim which [the insured] is legally obligated to pay as damages...."
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