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SAFEWAY MANAG. GEN. AGEN., INC. v. CLARK & GAMBLE

No. 04-98-00130-CV.

985 S.W.2d 166 (1998)

SAFEWAY MANAGING GENERAL AGENCY, INC., for State and County Mutual Fire Insurance Company, Appellant, v. CLARK & GAMBLE, Kenneth L. Clarke, Sr., P.C., Kenneth L. Clark, William J. Gamble, and John R. Wondra, Appellees.

Court of Appeals of Texas, San Antonio.

December 9, 1998.

Attorney(s) appearing for the Case

Andrew E. Toscano, The Kugle Law Firm, Gene Toscano, Gene Toscano, Inc., San Antonio, for Appellant.

Edward C. Mainz, Jr., Thorn, Summers, Biechlin, Dunham & Brown, L.C., San Antonio, for Appellee.

Before ALMA L. LÓPEZ, J., PAUL W. GREEN, J., and SARAH B. DUNCAN, J.

OPINION

PAUL W. GREEN, Justice.

This appeal questions whether an insurance carrier has standing to sue the attorneys it hires to represent its insured. We hold the carrier lacks standing to bring causes of action based on agency or the existence of an attorney-client relationship. However, we also hold the carrier has standing to assert claims for negligent misrepresentation, fraud, conspiracy, breach of contract, and breach of warranty. Accordingly, we...

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