Texas Supreme Court

Guideone Elite Insurance Company F/k/a Preferred Abstainers Insurance Company, Petitioner v. Fielder Road Baptist…

June 30, 200649 Tex. Sup. Ct. J. 877

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that GuideOne Elite Insurance has a duty to defend Fielder Road Baptist Church because the plaintiff’s pleadings sufficiently alleged bodily injury arising from sexual misconduct within the policy period, and the insurer may not rely on extrinsic evidence to defeat that duty. The Court reaffirmed the eight‑corners rule and declined to recognize any exception for overlapping coverage‑and‑merits evidence. The judgment was affirmed and the case remanded for a determination of costs and attorney’s fees. Justice Hecht filed a concurring opinion, agreeing with the judgment but stating that the eight‑corners discussion was unnecessary.