5th Circ. Asks Texas Justices To Mull '8 Corners Rule' Limits

Law360 (September 10, 2019, 5:16 PM EDT) -- The Fifth Circuit wants the Texas Supreme Court's input on a coverage dispute between State Farm Lloyds and a couple facing litigation over an ATV accident that killed their grandson, asking it to decide whether the insurer may challenge its defense duty by relying on documents outside the insurance policy and underlying suit.

In a Monday opinion, a panel of the appellate court asked the Texas high court to determine if the state recognizes a limited exception to the prevailing "eight-corners rule," which generally establishes that, when deciding whether an insurer has a duty to defend its policyholder, a court may...

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