Texas Supreme Court

Continental Casualty Company, Petitioner v. Jesus Huizar, Respondents

November 25, 198731 Tex. Sup. Ct. J. 83

Summary

The Texas Supreme Court held that Continental Casualty Company's right to appeal the judgment against its insured was waived by its voluntary payment of the policy limits, rendering the case moot and resulting in dismissal. The Court relied on the settled rule that voluntary payment of a judgment extinguishes the right to appeal. A concurring Justice agreed with the dismissal, while a dissenting Justice argued that the insurer retained standing under the doctrine of virtual representation and that the payment did not waive its appellate rights.