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SPECTOR, Justice, concurring.
Nov. 24, 1993
I concur in the Court’s judgment, but not its opinion. I would hold that a third-party
*151 claimant may proceed directly against an insurer once the claimant has established that the insured has a legal obligation to pay damages to the claimant. See State Farm County Mut. Ins. Co. v. Ollis, 768 S.W.2d 722, 723 (Tex.1989); Great American Ins. Co. v. Murray, 437 S.W.2d 264, 265 (Tex.1969). Once Kathleen Watson has obtained a judgment or settlement against the insured, she is entitled to recover for any damages she has sustained as a result of Allstate’s unfair or unlawful acts or practices. Tex.Ins. Code art. 21.21, § 16(a).
Document Info
Docket Number: D-2474
Citation Numbers: 876 S.W.2d 145, 37 Tex. Sup. Ct. J. 408, 1994 Tex. LEXIS 126, 1994 WL 6788
Judges: Enoch, Spector, Doggett, Phillips, Gonzalez, Hightower, Hecht, Cornyn, Gammage
Filed Date: 1/12/1994
Precedential Status: Precedential
Modified Date: 10/19/2024