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 from denying coverage and obligated to defend Tilley because the insurer’s own attorney acted against the insured’s interests, and the non‑waiver agreement does not shield the insurer from waiver or estoppel. Justice Johnson concurred in the result but urged a more forceful articulation of those principles.