Michael Wayne Fry v. the State of Texas

How courts have described this case

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

• recognizing a presumption of coverage following the insurer’s breach of the duty to defend
• holding words of policy should be construed in the “usual and ordinary sense”
• where insurer fails to carry its burden of allocating a judgment between covered and uncovered claims, it is liable for the entire judgment
• insurer that commits breach of duty to defend liable for natural consequences of breach of contract that placed insured in worse position
• insurer that wrongly refused to defend insured bears “burden of allocating the judgment in the [underlying] lawsuit between the covered claim and noncovered claim”
• insurer “should have the burden of allocating the judgment in the O’Brien lawsuit between the covered claim and noncovered claim”

Source: CourtListener parenthetical corpus (CC0).