Mid-Continent Insurance Company, Appellant v. Liberty Mutual Insurance Company, Appellee

Summary

The Texas Supreme Court answered the first certified question in the negative, holding that no right of reimbursement or subrogation exists between co‑primary insurers when their policies contain pro rata clauses, and therefore Liberty Mutual is not entitled to recover from Mid‑Continent; Justice WILLETT filed a concurring opinion that agreed with the holding but emphasized factual distinctions and the business‑judgment rule.