(DOWNLOAD) "Republic Insurance Company v. Stoker" by In the Court of Appeals Fifth District of Texas at Dallas # eBook PDF Kindle ePub Free
eBook details
- Title: Republic Insurance Company v. Stoker
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 07, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This case presents the question whether an insurer breaches its duty of good faith and fair dealing to its insured if it denies a claim for an invalid reason when there was at the time a valid reason for denial. The trial court granted summary judgment against the insureds on their policy claim holding that there was no coverage, but rendered judgment on the jury verdict for the insureds on their extra-contractual claims. The court of appeals affirmed, concluding that a finding of no liability on the policy action does not, as a matter of law, defeat an insureds extra-contractual claim. 867 S.W.2d 74. The court rested its decision on Viles v. Security Natl Ins. Co., 788 S.W.2d 566 (Tex.1990). Because the court of appeals misapprehends Viles, we reverse the judgment of the court of appeals and render judgment that the Stokers take nothing.