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ANGUS CHEMICAL CO. v. IMC FERTILIZER, INC.

No. 96-0743.

939 S.W.2d 138 (1997)

ANGUS CHEMICAL COMPANY, Petitioner, v. IMC FERTILIZER, INC. and IMC Fertilizer Group, Inc., Respondents.

Supreme Court of Texas.

Rehearing Overruled March 21, 1997.

Attorney(s) appearing for the Case

Joseph D. Cheavens, Jane A. (Nenninger) Bland, Houston, Stephen Novack, Chicago, IL, for Petitioner.

Mark E. Lowes, Houston, William A. Brewer, III, Michael J. Collins, Dallas, for Respondents.

PER CURIAM.

In Texas, the general rule (with exceptions not relevant here) is that an injured party cannot sue the tortfeasor's insurer directly until the tortfeasor's liability has been finally determined by agreement or judgment. Great American Ins. Co. v. Murray, 437 S.W.2d 264, 265 (Tex.1969). If the general rule applies, a release of the tortfeasor that precludes a final determination of liability by agreement or judgment...

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