Firemen’s Insurance Company of Newark, New Jersey, Petitioner v. Jesse L. Burch, Respondents

Summary

The Texas Supreme Court held that the trial court lacked authority to issue an advisory declaratory judgment on the insurer's hypothetical liability and vacated that portion of the judgment, while affirming the lower court's determination of the insurer's duty to defend. Justice Smith dissented, arguing that the controversy was justiciable and the advisory judgment should be issued.