Mid-Continent Casualty Co. v. Eland Energy Inc., et al

Sundown claimed that Mid-Continent prematurely tendered the limits of Sundown's primary and umbrella policies while undercutting Sundown's ability to defend a class action suit for environmental damage following Hurricane Katrina and Rita. The court held that the district court did not err when it held that there was no cause of action under Texas common law for breach of an insurer's duty of good faith and fair dealing in the context of third-party claims; Texas rather than Louisiana law governed Sundown's claims for breach of the duty; and the district court did not err in holding against Sundown on its statutory claims for unfair settlement practices. Accordingly, the court affirmed the judgment. View "Mid-Continent Casualty Co. v. Eland Energy Inc., et al" on Justia Law