Grapevine Excavation, Inc., Appellant v. Maryland Lloyds, a Lloyds Insurance Company, Appellee

Summary

The Texas Supreme Court answered a certified question from the Fifth Circuit, holding that an insurer subject to the provisions listed in Tex. Civ. Prac. & Rem. Code § 38.006 is liable for reasonable attorney's fees in a policyholder's successful breach‑of‑contract suit unless the insurer is already liable for fees under another statutory scheme. The Court based its decision on twenty years of appellate precedent and the legislative acceptance doctrine, despite the plain language of the statute suggesting otherwise. Justice GONZALES, joined by Justice ENOCH, filed a concurring opinion, and Chief Justice PHILLIPS, joined by Justices HECHT and OWEN, filed a dissenting opinion that would have answered the question negatively.