In Re Essex Insurance Company, Relator

Summary

The Texas Supreme Court granted mandamus relief, holding that the trial court abused its discretion by denying Essex Insurance's Rule 91a motions to dismiss Zuniga's claims and that the Texas "no direct action" rule bars a plaintiff from suing an insurer for a declaratory judgment before the insured's liability is finally determined. Accordingly, the court directed the trial court to vacate its order and grant Essex's motions.