REPUBLIC INS. CO. v. STOKER

No. 08-92-00394-CV.

867 S.W.2d 74 (1993)

REPUBLIC INSURANCE COMPANY and Southwest Adjusting Services, Inc., Appellants, v. Linda H. STOKER and John Stoker, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled December 15, 1993.


Attorney(s) appearing for the Case

Joseph L. Hood, Jr., Scott, Hulse, Marshall, Feuille, Finger & Thurmond, El Paso, for appellants.

Terry Bassham, Joel Fry, Moreno, Fry & Bassham, El Paso, for appellees.

Before KOEHLER, BARAJAS and LARSEN, JJ.


OPINION

LARSEN, Justice.

This appeal presents us with the issue of whether an insured's extra-contractual claims for breach of the duty of good faith and fair dealing, the Texas Deceptive Trade Practices Act, and Texas Insurance Code, are always dependent upon underlying breach of contract claims, or whether their violation creates a cause of action even where an unrelated exclusion is later found to preclude coverage under the contract. Relying upon...

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