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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