Federal Insurance Co. v. Samsung Electronics America
Federal Insurance Co. v. Samsung Electronics America
Opinion of the Court
delivered the opinion of the Court,
Samsung,
Federal petitioned this Court for review, asserting that it had no duty to defend Pinney, Farina, Gilliam, and Gimpelson, as the complaints did not state claims for bodily injury or seek damages because of bodily injury.
Today, in Zurich American Insurance Co. v. Nokia, No. 06-1030, 268 S.W.3d 487, 2008 WL 3991183 (Tex. Aug. 29, 2008), we hold that the insurers have a duty to defend the very cases at issue here. Zurich is dispositive. For the reasons stated therein, we conclude that Federal has a duty to defend Samsung in Pinney, Farina, Gilliam, and Gimpelson, and we affirm the court of appeals’ judgment.
. The defendants in the putative class actions are Samsung Electronics America, Inc., Samsung Telecommunications America, L.P. f/k/a Samsung Telecommunications America, Inc. and Samsung Electronics Co., Ltd. For ease of reference, we refer to these entities collectively as "Samsung.”
. These cases are described more fully in Zurich American Insurance Co. v. Nokia, 268 S.W.3d 487, decided today.
. Some of the policies defined "bodily injury” as "physical injury, sickness, or disease sustained by a person and, if arising out of the foregoing, mental anguish, mental injury, shock, humiliation or death at any time.” The court of appeals held, and we agree, that any variations in wording do not affect the issues on appeal. 202 S.W.3d at 375 n. 3.
. Samsung did not petition this Court for review of that part of the court of appeals’ judgment holding that the insurers had no duty to defend Samsung in the Dahlgren case. Tex.R.App. P. 53.1. Thus, that issue is not before us.
Dissenting Opinion
joined by Justice BRISTER, dissenting.
For the reasons expressed today in my dissenting opinion in Zurich American Ins. Co. v. Nokia, Inc., 268 S.W.3d 487, 2008 WL 3991183 (Tex. 2008) (Hecht, J., dissenting), I respectfully dissent from the Court’s opinion in this case.
Reference
- Full Case Name
- FEDERAL INSURANCE COMPANY, Petitioner, v. SAMSUNG ELECTRONICS AMERICA, Samsung Telecommunications America, L.P. F/K/A Samsung Telecommunications America, Inc. and Samsung Electronics Co., Ltd., Respondents
- Cited By
- 7 cases
- Status
- Published