Texas Supreme Court

Utica National Insurance Company of Texas, Petitioner v. American Indemnity Company and Texas Property & Casualty…

July 9, 200447 Tex. Sup. Ct. J. 845

Summary

The Texas Supreme Court held that Utica National Insurance Company had a duty to defend the doctors' association because the pleadings alleged both professional and non‑professional negligence, but it reversed the appellate court's conclusion that Utica was also obligated to indemnify, remanding for factual determination of whether the patients' injuries were caused by a breach of the professional standard of care. Justice HECHT dissented, arguing that the claims were professional liability and thus outside coverage.