5th Circuit Certifies Question For Texas Supreme Court Over Denied Coverage

Mealey's (November 20, 2015, 1:49 PM EST) -- NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel on Nov. 19 certified a question for the Texas Supreme Court as to whether an insured can pursue a private cause of action under Texas Insurance Code Chapter 541 if it is denied coverage by an insurer, holding that decisions from the state Supreme Court and its appellate courts have cast doubt on the vitality of the ruling in Vail v. Texas Farm Bureau Mutual Insurance Co. (754 S.W. 2d 129 [Texas Sup. 1988]) (In re Deepwater Horizon; Cameron International Corporation v. Liberty Insurance Underwriters Inc., No. 14-31321, 5th Cir.)....