EXXON MOBIL CORP. v. INS. CO. OF STATE

No. 17-0200.

568 S.W.3d 650 (2019)

EXXON MOBIL CORPORATION, Petitioner, v. The INSURANCE COMPANY OF the STATE of Pennsylvania, Respondent.

Supreme Court of Texas.

OPINION DELIVERED: February 15, 2019.


Attorney(s) appearing for the Case

David M. Gunn , John S. Adcock , Joshua S. Smith , Beck Redden LLP, Danny L. Van Winkle , Mike P. Morris , Tekell Book Allen & Morris LLP, Houston, for Petitioner.

Loren R. Smith , Kelly, Smith & Red, P.C., Houston, for Respondent.

Gary L. Wickert , Matthiesen, Wickert & Lehrer, S.C., Hartford, for Amicus Curiae National Association of Subrogation Professionals.

George S. Christian , Texas Civil Justice League, Austin, for Amicus Curiae Texas Civil Justice League.

Cory D. Itkin , Jason A. Itkin , Arnold & Itkin, LLP, Houston, for Other interested party Kevin Roberts.


For public policy reasons, Texas's no-fault workers' compensation system permits the insurance carrier to recoup all benefits paid to an injured worker out of the "first money" the worker recovers from a liable third party.1 Carriers may, however, choose to waive this right in exchange for an...

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