Partain, et al. v. Mid-Continent Casualty Co., No. 13-20099 (5th Cir. 2014)Annotate this Case
The Insureds filed suit against Mid-Continent alleging that it failed in its obligation to defend them when it refused to pay the fees of the Insureds' chosen attorney who represented them in an underlying lawsuit brought against them by KFA. On appeal, the Insureds challenged the district court's grant of summary judgment in favor of Mid-Continent. The court concluded that the district court did not err because no disqualifying conflict of interest existed under Texas law, and Mid-Continent fulfilled its duty to defend the Insureds by tendering its chosen attorney. Accordingly, the court affirmed the judgment of the district court.