Fifth Circuit Certifies 8-Corner Duty to Defend Questions to the Texas Supreme Court
March 15, 2021
On March 12, 2021, the Fifth Circuit in Bitco General Ins. Co. v. Monroe Guaranty Ins. Co., 2021 WL 955155 (5th Cir. 2021) certified two questions on the 8-Corner rule on an insurer’s duty to defend to the Texas Supreme Court. Here, the Texas Supreme Court is being asked to weigh in on potential exceptions to the 8-Corner rule that could allow insurers to rely on extrinsic evidence to deny a defense to an insured. Bob Allen’s take on the certified questions is contained in the attached casenote.