Texas Supreme Court

Transport Insurance Company, Lindsey & Newsom Claim Services and Janet E. Jones, Petitioners v. Paula Trippel…

June 15, 1995898 S.W.2d 269

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded, holding that Faircloth could not recover under the Texas Insurance Code, the DTPA, or any common‑law theory because she lacked standing as a consumer, there was no actionable fraud, civil conspiracy, or special‑relationship duty. The Court noted that insurers owe good‑faith duties only to their insureds. A dissent and a concurrence were filed, each arguing that fraud should be recoverable.