980 S.W.2d 625; STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Petitioner, v. Ronald H. TRAVER, executor of the Estate of Mary
E. Davidson, Respondent. (Tex.);
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Petitioner,
v. Ronald H. TRAVER, executor of the Estate of Mary E. Davidson, Respondent.
Supreme Court of Texas.
Argued April 24, 1997.
Decided Dec. 31, 1998.
Anne Gardner, Lori R. Thomas, Melinda Ruth Burke, Fort Worth, for Petitioner.
William L. Kirkman, Fort Worth, for Respondent.
Chief Justice PHILLIPS delivered the opinion of the Court, in which Justice HECHT,
Justice ENOCH, Justice SPECTOR, Justice OWEN, Justice BAKER, and Justice
We withdraw our opinion of August 25, 1998, and substitute the following in its
place. We overrule the motions for rehearing of State Farm and Ronald Traver.
Ronald Traver, an estate executor, argues that the attorney provided by decedent
Mary Davidson's liability insurer, State Farm, committed malpractice in defending a
personal injury claim against Davidson, resulting in a judgment in excess of policy limits.
Traver sued State Farm for negligence, breach of its duty to defend, breach of the
duty,(fn1) breach of the duty of good faith and fair dealing, and violations of the
Deceptive Trade Practices Act and Insurance Code. The trial court granted summary
judgment for State Farm on all causes of action. The court of appeals, holding that an
insurer is responsible for the conduct of the attorney it provides to defend an insured,
reversed and remanded the malpractice claim, along with the DTPA and Insurance Code
claims relating to the malpractice, for trial. 930 S.W.2d 862. The court of appeals further
held, however, that Traver could not recover for breach of the
duty, for breach of
the duty of good faith and fair dealing, or for any claim under the DTPA or Insurance
Code relating to those duties. Because we hold that an insurer is not vicariously liable for
the malpractice of an independent attorney it selects to defend an insured, we reverse the
judgment of the court of appeals and render judgment for State Farm on all claims based
on vicarious liability. Further, because Traver has not separately applied for writ of error,
the court of appeals' judgment on the
claim and good faith claim (and related