No. 19-790

Juan A. Martin-de-Nicolas v. AAA Texas County Mutual Insurance Company

Lower Court: Texas
Docketed: 2019-12-20
Status: Denied
Type: Paid
Response Waived
Tags: automobile-liability-insurance civil-procedure duty-to-settle insurance insurance-duty insurance-law legal-liability liability negligence negligence-standard policyholder-negligence policyholder-rights settlement settlement-obligation third-party-claims
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-02-21
Question Presented (AI Summary)

Do automobile liability insurers have a duty not-to-settle third-party claims, when it becomes reasonably clear that the peril insured against—policyholder negligence—has not occurred, and therefore, it is reasonably clear that the policyholder is not 'legally liable'?

Question Presented (OCR Extract)

QUESTION PRESENTED Do automobile liability insurers have a duty notto-settle third-party claims, when it becomes reasonably clear that the peril insured against— policyholder negligence—has not occurred, and therefore, it is reasonably clear that the policyholder is not “legally liable”? iia PARTIES TO PROCEEDINGS AND CASES Parties to Proceedings ; e Petitioner is Juan A. Martin-de-Nicolas in the courts below). e Respondent is AAA Texas County Mutual Insurance Co. (hearafter “AAA”). (Appellee/Defendant in the courts below). List of All Proceedings e No. 64557, Justice of the Peace Court, Precinct Two, Travis County Texas. Summary judgment order entered on February 23, 2016. e No. C-1-CV-16-003312, County Court at Law No. 2, Travis County Texas. Summary judgment order entered on October 26, 2016. e No. 03-17-00054-CV, 2018 Tex. App. LEXIS 2747 : (Tex. App.—Austin Apr. 19, 2018, no pet. h.) (mem. op.). Time extensions granted. Memoran. dum opinion and judgment entered on April 19, 2018. Motion for rehearing denied on May 15, ; 2018. Motion for en banc reconsideration denied : on June 20, 2018. Reprinted in

Docket Entries

2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-31
Waiver of right of respondent AAA Texas County Mutual Insurance Company to respond filed.
2019-09-30
Petition for a writ of certiorari filed. (Response due January 21, 2020)
2019-07-29
Application (19A115) granted by Justice Alito extending the time to file until September 30, 2019.
2019-07-22
Application (19A115) to extend the time to file a petition for a writ of certiorari from August 1, 2019 to September 30, 2019, submitted to Justice Alito.

Attorneys

AAA Texas County Mutual Insurance Company
Gregory R. AveWalters, Balido & Crain, LLP, Respondent
Gregory R. AveWalters, Balido & Crain, LLP, Respondent
Juan Martin-de-Nicolas
Juan A. Martin-de-Nicolas — Petitioner
Juan A. Martin-de-Nicolas — Petitioner