5th Circuit Asks Texas High Court If Exception To 8-Corners Rule Is Permissible

Mealey's (March 17, 2021, 9:16 AM EDT) -- NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on March 12 asked the Texas Supreme Court to determine whether the exception to the eight-corners rule created in the federal appeals court’s decision in Northfield Ins. Co. v. Loving Home Care Inc. is permissible under Texas law and, if the exception can apply, whether a court can consider extrinsic evidence to determine when a date of occurrence happens when deciding whether a duty to defend exists....