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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 04-25-00040-CV
Regular Panel Decision
Nov 26, 2025

Enrique Cantu and Bridgefield Casualty Insurance Company v. Javier A. Libson, Nosbil, Inc., Jose Luis Ramirez, Utica National Insurance Group, Utica National Insurance Company of Texas, Utica Mutual Insurance Company, and Republic Franklin Insurance Company

Appellants Enrique Cantu and Bridgefield Casualty Insurance Company appealed a no-evidence summary judgment. Cantu's claims of negligence per se, negligent hiring, training, retention, and negligent entrustment were affirmed. However, the summary judgment for Cantu's ordinary negligence claims was reversed and remanded. Additionally, the judgment favoring the insurance defendants (Utica National Insurance Group, Utica National Insurance Company of Texas, Utica Mutual Insurance Company, and Republic Franklin Insurance Company) was also reversed, as their motion for summary judgment was not properly heard. The case involved a collision between Cantu and Jose Luis Ramirez, an employee of Nosbil, Inc., in foggy conditions, leading to Cantu suing for negligence and insurance claims.

NegligenceAutomobile AccidentSummary JudgmentAppellate ReviewProximate CauseDuty of CareBreach of DutyCausationInsurance ClaimsVicarious Liability
References
36
Case No. MISSING
Regular Panel Decision

Clarendon National Insurance v. TIG Reinsurance Co.

Petitioner Clarendon National Insurance Company sought to confirm a partial arbitration award correcting a mathematical error and modify a prior judgment, while Respondent TIG Reinsurance Company cross-moved to vacate the award. The court addressed whether arbitrators could correct a mathematical error in a previously issued and partially confirmed award, applying exceptions to the functus officio doctrine. Given the acknowledged mistake by the arbitrators and TIG's awareness of the incorrect figure, the court found extraordinary circumstances. Consequently, Clarendon's motion was granted, the corrected partial award confirmed, and the judgment modified, denying TIG's cross-motion, to ensure substantial justice.

ArbitrationFederal Arbitration ActFunctus Officio DoctrineRule 60(b) FRCPArbitration Award ConfirmationJudgment ModificationMathematical Error CorrectionReinsurance AgreementJudicial ReviewEquitable Relief
References
26
Case No. MISSING
Regular Panel Decision
Jan 13, 1995

National Union Fire Insurance Co. of Pittsburgh, PA v. State Insurance Fund

Plaintiff National Union Fire Insurance Company of Pittsburgh, PA (National Union) initiated a declaratory judgment action against The State Insurance Fund (SIF) to recover defense and settlement costs. These costs were expended on behalf of Regional Scaffolding and Hoisting Co., Inc., a mutually insured party in an underlying personal injury action. The Supreme Court initially denied National Union's motion for summary judgment and ruled in favor of SIF. However, the appellate court reversed this decision, concluding that the antisubrogation rule did not apply in this context. Consequently, it determined that National Union and SIF were co-insurers for Regional Scaffolding's common-law liability. The court granted National Union's motion for summary judgment in part, declaring SIF's duty to reimburse National Union for one-half of the reasonable settlement and defense costs, and remanded for a trial to ascertain these amounts.

Antisubrogation RuleDeclaratory JudgmentSummary JudgmentInsurance Coverage DisputeCo-Insurer LiabilityDefense Costs ReimbursementSettlement CostsEmployer's LiabilityComprehensive General LiabilityThird-Party Action
References
8
Case No. 03-00-00427-CV
Regular Panel Decision
Aug 30, 2001

All American Life Insurance Company American General Life Insurance Company American National Insurance Company American National Life Insurance Company of Texas IDS Life Insurance Company And USLIFE Life Insurance Company v. Carole Keeton Rylander, Comptroller of Public Accounts of Texas And John Cornyn, Attorney General of Texas

Several insurance companies appealed a district court judgment affirming the Comptroller's assessment of premium and maintenance taxes on 'internal rollover' transactions, where policyholders transfer accumulation values within the same company for new policies. The Texas Court of Appeals, Third District, At Austin, reviewed the construction of Texas Insurance Code articles 4.11 and 4.17 de novo. The court determined that 'internal rollovers' do not involve funds being 'received' or 'collected' by the insurance companies, as the funds remain within the company. Therefore, these transactions are not subject to the premium and maintenance taxes. The judgment of the district court was reversed in part, and the case was remanded for a determination of the refund amounts owed to the companies.

Insurance LawTax LawPremium TaxInternal RolloversStatutory ConstructionTexas Court of AppealsInsurance CompaniesComptrollerGross PremiumsTax Refund
References
9
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. of Pittsburgh v. American Re-Insurance Co.

The case revolves around a dispute between National Union Fire Insurance Company and American Re-Insurance Company regarding a pollution exclusion clause in a reinsurance policy. National Union sought reimbursement from American Re after settling claims where employees were exposed to metalworking fluids. American Re denied coverage, arguing its pollution exclusion applied. The court, applying Ohio law, found American Re's pollution exclusion ambiguous due to its broad language and its intended purpose of covering environmental contamination. Consequently, American Re's motion for summary judgment was denied, and National Union's motion to strike American Re's defense was granted, requiring American Re to "follow the fortunes" of National Union.

ReinsurancePollution Exclusion ClauseContract InterpretationFollow the Fortunes DoctrineSummary JudgmentInsurance CoverageAmbiguity in ContractsOhio State LawDiversity JurisdictionIndustrial Contamination
References
31
Case No. MISSING
Regular Panel Decision
Feb 28, 1991

North River Insurance v. United National Insurance

This appellate decision addresses the apportionment of liability between North River Insurance Co. and United National Insurance Company arising from a settlement for an injured employee. The court clarified that North River, as the workers' compensation carrier, is solely responsible for its waived lien, reversing a lower court's finding. It further determined that both insurers' "other insurance" clauses called for pro rata contribution, not equal shares, for the $588,245 settlement payment and defense costs. The court calculated specific shares for each insurer and ruled that North River is entitled to interest from the original payment date in 1982. The Supreme Court's order was thus modified to reflect these findings.

Insurance disputePro rata contributionEquitable apportionmentWorkers' compensation lienDefense costsOther insurance clausesSettlement apportionmentInterest calculationAppellate decisionInsurer liability
References
10
Case No. 06-1030
Regular Panel Decision
Aug 29, 2008

Zurich American Insurance Company, Federal Insurance Company, and National Union Fire Insurance Company v. Nokia, Incorporated

This is a dissenting opinion from Justice Hecht of the Supreme Court of Texas, joined by Justice Brister, concerning a petition for review by various insurance companies (Zurich American, Federal, National Union Fire) against Nokia, Inc. The central issue is whether the insurers have a duty to defend Nokia in class action lawsuits. These lawsuits allege "biological injury" from cellphone radiation but meticulously avoid claiming "bodily injury," instead seeking damages for the lack of provided headsets. Justice Hecht argues that despite a liberal interpretation rule for pleadings, these class action complaints do not trigger the insurers' duty to defend, as the damages claimed are not for personal injury and class counsel explicitly denied seeking personal injury compensation. He concludes that the majority's decision, which implies a duty to defend, rewards ambiguous pleading.

Insurance LawDuty to DefendClass ActionBodily InjuryBiological InjuryPleading InterpretationCellphone RadiationAppellate ReviewDissenting OpinionTexas Supreme Court
References
11
Case No. M2012-00331-COA-R3-CV
Regular Panel Decision
Jan 30, 2013

Erie Insurance Exchange v. Columbia National Insurance Company

This is a declaratory judgment action between two insurance companies. Erie Insurance Exchange, a general liability insurer, sought a declaration that Columbia National Insurance Company, an automobile insurer, had the primary duty to defend and indemnify an insured in a third-party tort action. The tort action stemmed from a construction site accident where an employee was electrocuted by a crane on a 'boom truck' owned by Nashville Building Systems (NBS) and listed under Columbia's auto policy. The trial court denied Erie's motion for summary judgment and granted Columbia's, holding Erie liable. The Court of Appeals affirmed the trial court's decision, finding that the Workers' Compensation Statute provided an exclusive remedy and that the boom truck, when used as a stationary crane, qualified as 'mobile equipment' and was thus excluded from coverage under Columbia's auto policy at the time of the injury.

Declaratory JudgmentInsurance Coverage DisputeAutomobile Insurance PolicyGeneral Liability PolicyWorkers' Compensation ActMobile Equipment ExclusionStatutory EmployerThird-Party TortfeasorBoom Truck AccidentSummary Judgment
References
45
Case No. 01-19-00852-CV
Regular Panel Decision
Sep 21, 2021

National Union Fire Insurance Company of Pittsburgh, PA v. Exxon Mobil Corporation

This case involves two related appeals concerning insurance coverage for bodily injury claims against Exxon Mobil Corporation by its contractor's employees, Kevin Roberts and Arturo Munoz. National Union Fire Insurance Company of Pittsburgh, Pa. challenged a trial court's summary judgment in favor of Exxon and Starr Indemnity and Liability Insurance Company, arguing its umbrella policy did not provide coverage beyond its CGL policy, as dictated by the Exxon-Savage Contract. Exxon also challenged a summary judgment favoring Starr. The appeals court reversed the judgment against National Union, finding that 'Commercial General Liability insurance' in the contract referred only to primary coverage, not umbrella or excess policies. Consequently, Exxon was not entitled to coverage under National Union's umbrella policy. The court affirmed the summary judgment in favor of Starr, as its bumbershoot policy was also considered an umbrella policy. The case was remanded for reconsideration of attorney's fees and costs.

Insurance Policy InterpretationCommercial General LiabilityUmbrella Liability InsuranceExcess Liability InsuranceAdditional Insured EndorsementSummary Judgment ReviewBreach of ContractDeclaratory JudgmentAppellate ProcedurePersonal Injury Claims
References
34
Case No. MISSING
Regular Panel Decision

Security National Insurance Co. v. Farmer

Roger Farmer sustained two on-the-job low back injuries in January 1995 and April 1998. Security National Insurance Company was the carrier for the first injury, and Hartford Fire Insurance Company for the second. Disputes arose regarding the compensability of Farmer's L4-5 and L5-S1 disc herniations after April 1998, and which carrier was liable. The Texas Workers’ Compensation Commission appeals panel affirmed the hearing officer's decision against Security National, finding the January 1995 injury was a producing cause. Security National appealed to the trial court, which applied a substantial evidence rule, limited discovery, and affirmed the appeals panel's decision. On appeal, the higher court determined the trial court erred by applying the incorrect standard of review, ruling that a modified de novo standard should have been used. The court reversed the trial court's judgment and remanded the case for proceedings consistent with a modified de novo review.

Standard of ReviewModified De Novo ReviewSubstantial Evidence ReviewCompensability DisputeEligibility for BenefitsDisc Herniation InjurySpinal Injury ClaimInsurance Carrier DisputeAdministrative Law AppealStatutory Interpretation
References
27
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