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TEXAS FARM BUREAU MUT. INS. COS. v. SEARS

No. 01-0851.

84 S.W.3d 604 (2002)

TEXAS FARM BUREAU MUTUAL INSURANCE COMPANIES, Petitioners, v. James SEARS, et ux., Respondents.

Supreme Court of Texas.

Decided August 30, 2002.

Rehearing Denied October 10, 2002.

Attorney(s) appearing for the Case

David J. Beck, Linda K. McCloud, Beck Redden & Secrest, Houston, Brent C. Howard, Howard & Davis, Tyler, Sherwin A. Winniford, Fulbright Winniford Bice & Marable, Waco, Anne Pike, Beck Redden & Secrest, Houston, for Petitioners.

Ron Adkison, Wellborn Houston Adkison Mann Sadler & Hill, Henderson, for Respondents.

Justice O'NEILL delivered the opinion of the Court.

In this case, we must decide whether an insurance company owes its at-will independent agent a common-law duty of ordinary care in investigating the agent's alleged misconduct. We must also determine whether the company's alleged conduct will support the agent's claim for intentional infliction of emotional distress. A divided court of appeals held that the company did owe its agent such a duty,

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