Employers Casualty Company, Petitioner v. Joe Tilley, Respondents

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Employers Casualty Company is estopped as a matter of law from denying its duty to defend Joe Tilley under the liability policy because the insurer’s attorney acted against Tilley’s interests without informing him of the conflict, and the non‑waiver agreement does not protect the insurer. Justice Johnson filed a concurring opinion emphasizing the ethical duties of counsel.