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 the eight‑corners rule bars the use of extrinsic evidence to defeat an insurer's duty to defend when the plaintiff's pleadings allege a potentially covered claim, and that the plaintiff's sexual‑assault allegations satisfy the policy's bodily‑injury definition. The Court also affirmed the remand for determination of costs and attorney's fees. Justice HECHT filed a concurring opinion agreeing with the judgment but declining to address the eight‑corners rule.