STEWART TITLE GUAR. CO. v. STERLING

No. C-8910.

822 S.W.2d 1 (1991)

STEWART TITLE GUARANTY COMPANY, Petitioner, v. W. Dawson STERLING, Trustee.

Supreme Court of Texas.

Rehearing Overruled February 12, 1992.


Attorney(s) appearing for the Case

Eugene J. Pitman, Paul J. McConnell, III, CM. Hudspeth, S. Bradley Todes, De Lange, Hudspeth & Pitman, Houston, James P. Wallace, Soules & Wallace, Austin, for petitioner.

Thomas T. Hutcheson, Roland M. Chamberlain, E. John Gorman, Rudy A. England, Hutcheson & Grundy, L.L.P., Houston, for respondent.


OPINION

GONZALEZ, Justice.

The principal issue on which we focus in this case is whether a defendant who is found liable for violating Art. 21.21, § 16 of the Texas Insurance Code can reduce liability by setting off against the amount of damages the amount of a settlement entered into by co-defendants. The nonsettling defendant, Stewart Title Guaranty Company, sought a credit based on the "one satisfaction rule." This doctrine was first articulated...

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