Limiting An Insured's Right To Independent Counsel

Law360, New York ( July 17, 2012, 1:35 PM EDT) -- Under Texas law, "when the facts to be adjudicated in [a] liability lawsuit are the same facts upon which coverage depends, the conflict of interest will prevent the insurer from conducting the defense." N. Cnty. Mut. Ins. Co. v. Davalos, 140 S.W.3d 685, 688 (Tex. 2004)....

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