, a Partner in Locke Lord’s Austin office, authored a Law360 article examining two opinions issued by the Texas Supreme Court expanding the use of extrinsic evidence to determine an insurer’s duty to defend third-party claims. Kidwell outlines the development, purpose and application of the Monroe exception in influential court cases, and covers the recent opinions which recognize a broader exception to the rule.
Kidwell writes, “As lower courts begin applying the Monroe exception, we will have a better understanding of the types of situations in which a court may consider extrinsic evidence in determining an insurer's duty to defend.”
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