Opinion

Fairfield Insurance Co. v. Stephens Martin Paving, LP

  • 51 Tex. Sup. Ct. J. 491
  • 246 S.W.3d 653
  • 2008 Tex. LEXIS 123
  • 2008 WL 400397
Court
Texas Supreme Court
Filed
Feb 15, 2008
Status
Published
Author
Johnson
On the bench
Brister, Hecht, Jefferson, Johnson, Medina, O'Neill, Wainwright
Cited by
151 cases

stating that “this Court has held in a number of cases over the years that public policy clearly disfavors certain types of agreements” and citing Zuniga with the parenthetical “holding that assignment of legal malpractice claims was against public policy”

How later courts described this case

  • stating that “this Court has held in a number of cases over the years that public policy clearly disfavors certain types of agreements” and citing Zuniga with the parenthetical “holding that assignment of legal malpractice claims was against public policy”
  • recognizing that these two types of insurance are different
  • recognizing that some statutes reflect the legislature’s decision that public policy requires certain conditions to be met before an agreement may be enforceable
  • “declin[ing] to invalidate the parties’ workers’ compensation contract to enforce a public policy urged by [one party] but not adopted by the Legislature”

Written by the judges who cited it.

The opinion

Justice JOHNSON,

concurring in part.

I join the Court’s opinion as to parts I, II and IV. However, I consider part III of the opinion to go further than necessary in responding to the certified question presented even in light of Texas Constitution article V, section 3-c. Accordingly, I do not join part III and express neither agreement nor disagreement with its substance.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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