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

Summary

The Texas Supreme Court held that a district court lacks authority to issue an advisory declaratory judgment on the insurer's liability for a hypothetical future judgment, vacating that portion of the lower court's decree, while affirming the portion requiring the insurer to defend the insured. The Court based its decision on the Texas Constitution's limitation on judicial power and prior precedent.