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The Texas Supreme Court Holds That Texas Public Policy Does Not Prohibit Insurance Coverage of Exemplary Damages for Gross Negligence in the Workers' Compensation Context


by Wilson Elser Moskowitz Edelman & Dicker LLP
New York Office

February 3, 2009

Previously published on February 2008

In answer to a certified question from the 5th Circuit Court of Appeals, the Texas Supreme Court today held that Texas public policy does not prohibit coverage of exemplary damages for gross negligence in the workers' compensation context. Fairfield Ins. Co v Stephens Martin Paving, LP, et al No. 04-0728(Tex. Feb 15, 2008).


 

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