American Home Assurance Co. v. Stephens
American Home Assurance Co. v. Stephens
Opinion
This case comes to us on a certified question from the United States Court of Appeals for the Fifth Circuit. The question is “[wjhether it is against public policy for an insurer to limit coverage for a therapist’s non-sexual misconduct because sexual misconduct is alleged to have occurred in the same or related course of professional treatment, even though such sexual misconduct is immaterial to the non-sexual misconduct claims asserted.” 1 After careful consideration of the question, we conclude that Judge Reavley correctly applied Texas law in his dissent to the panel opinion that was subsequently -withdrawn. 2 For the reasons Judge Reavley explained, we answer the certified question no.
. American Home Assurance Co. v. Stephens, 140 F.3d 617, 618 (5th Cir. 1998).
. American Home Assurance Co. v. Stephens, 130 F.3d 123, 128-30 (5th Cir. 1997)(Reavley, J., dissenting), withdrawn, 140 F.3d 617 (5th Cir. 1998).
Reference
- Full Case Name
- AMERICAN HOME ASSURANCE COMPANY, Appellee, v. Billy Carl STEPHENS and Rory Ross, Appellants
- Cited By
- 5 cases
- Status
- Published