Texas Supreme Court, 1999

American Home Assurance Co. v. Stephens

American Home Assurance Co. v. Stephens
Texas Supreme Court · Decided February 4, 1999 · No. 98-0396 · Per Curiam
982 S.W.2d 370; 1998 WL 831250 (South Western Reporter, Second Series)
American Home Assurance Co. v. Stephens

Cases that cite this one

4 later published cases cite this decision.

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Opinion

PER CURIAM.

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we conclude that Judge Reavley correctly applied Texas law in his dissent to the panel opinion that was subsequently -withdrawn. 2 For the reasons Judge Reavley explained, we answer the certified question no.

1

. American Home Assurance Co. v. Stephens, 140 F.3d 617, 618 (5th Cir. 1998).

2

. American Home Assurance Co. v. Stephens, 130 F.3d 123, 128-30 (5th Cir. 1997)(Reavley, J., dissenting), withdrawn, 140 F.3d 617 (5th Cir. 1998).

Case-law data current through September 30, 2026. Source: CourtListener bulk data.