In Re Lumbermens Mutual Casualty Company, Relator.

Summary

The Texas Supreme Court held that Lumbermens Mutual Casualty Company, as its insured’s insurer, is entitled to intervene on appeal under the virtual‑representation doctrine to raise the choice‑of‑law issue its insured abandoned, and that the Court of Appeals abused its discretion in denying that intervention, granting a conditional writ of mandamus. The Court also rejected timeliness and public‑policy arguments against intervention.