(Download) "American Physicians Insurance Exchange and American Physicians Service Group v. Ramon A. Garcia" by Supreme Court of Texas " eBook PDF Kindle ePub Free
eBook details
- Title: American Physicians Insurance Exchange and American Physicians Service Group v. Ramon A. Garcia
- Author : Supreme Court of Texas
- Release Date : January 09, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 118 KB
Description
JUSTICE CORNYN DELIVERED THE OPINION OF THE COURT, IN WHICH CHIEF JUSTICE PHILLIPS, JUSTICE GONZALEZ, JUSTICE HECHT, AND JUSTICE
ENOCH JOIN. We grant American Physicians Insurance Exchange's ("APIE's") motion for rehearing, withdraw our prior opinion and judgment,
and substitute the following in its place.1 We decide whether Dr. Ramon Garcia's malpractice insurance carrier, APIE, breached
its duty to defend Garcia or its Stowers2 duty to settle. We hold that the evidence conclusively establishes that APIE
discharged its duty to defend Garcia, and that because APIE never received a settlement demand within its policy limits, it
did not breach its Stowers duty to settle. We therefore reverse the judgment of the court of appeals and render judgment in
favor of APIE.