Excess Underwriters at Lloyd's, London v. Frank's Casing Crew & Rental Tools, Inc.
246 S.W.3d 42 | Texas Supreme Court | 2008
Holding Summary
An excess insurer cannot recover reimbursement from its insured for settling disputed coverage claims without the insured's clear and unequivocal consent to both the settlement and the reimbursement right, even when the insured solicited the settlement demand.
An insurer may fund the settlement and seek reimbursement only if it obtains the insured's clear and unequivocal consent.
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