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NORTHERN COUNTY MUT. INS. CO. v. DAVALOS

No. 02-1007.

140 S.W.3d 685 (2004)

NORTHERN COUNTY MUTUAL INSURANCE CO., Petitioner, v. Timoteo DAVALOS, Respondent.

Supreme Court of Texas.

Decided July 2, 2004.

Rehearing Denied September 3, 2004.

Attorney(s) appearing for the Case

Robert H. Fugate, George Lankford and Don Martinson, Fanning Harper & Martinson, P.C., Dallas, for Northern County Mutual Insurance Co.

Mark A. Ticer and Claire Ellen Collins, Law Office Of Mark A. Ticer, Dallas, Lynn C. Grebe, Lynn C. Grebe & Associates, Inc., P.C., Bay City, for Timoteo Davalos.

Forrest C. Roan, Winstead, Sechrest & Minick, Austin, for Amicus Curiae The American Insurance Association.

Michael Shane Kimzey, Baker Botts, L.L.P., Houston, for Amicus Curiae Texas Farm Bureau Mutual Insurance Company.

Thomas C. Wright, Wright Brown & Close, LLP, Houston, for Amicus Curiae American International Companies.

Kenneth J. Lambert and Lance Eric Caughfield, Fletcher & Springer, L.L.P., Dallas, for Amicus Curiae Houston General Insurance Company.

Kenneth J. Lambert, Fletcher & Springer, L.L.P., Dallas, for Amici Curiae Tokio Marine & Fire Insurance Company.

Chief Justice PHILLIPS delivered the opinion of the Court.

The automobile liability policy in this case obligated the insurer to provide a defense for covered claims and granted the insurer the right to conduct that defense. The insured, however, refused the insurer's tendered defense because of a disagreement about where the case should be defended. The issue we must decide is whether a disagreement over venue is a sufficient reason for the insurer to lose its right...

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