Farmers Texas County Mutual Insurance v. Griffin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that when no facts can be developed in the underlying suit that can trigger the duty to indemnify, the duty to indemnify is justiciable before the insured's liability is determined
• establishing that where the underlying pleadings affirmatively negate coverage, courts may adjudicate the duty to indemnify alongside the duty to defend
• noting that “[i]t may sometimes be necessary to defer resolution of indemnity issues until the liability litigation is resolved”
• holding a party may secure a declaratory judgment on the insurer’s duty to indemnify before the underlying claim is resolved
• holding no duty to indemnify because “[n]o facts c[ould] be developed in the underlying tort suit that c[ould] transform a drive-by shooting into an ‘auto accident’”
• holding the duty to defend and duty to indemnify are distinct and separate duties

Source: CourtListener parenthetical corpus (CC0).