Heyden Newport Chemical Corporation, Petitioners v. Southern General Insurance Company, Respondent

Summary

The Texas Supreme Court held that an insurer's duty to defend under a liability policy is triggered by the allegations in the complaint, not by a final determination of legal responsibility, and that an additional insured is covered by the omnibus clause when the allegations show agency. Accordingly, the Court reversed the trial court and Court of Civil Appeals judgments and remanded for entry of judgment consistent with this holding.