The Texas Supreme Court has reversed a previous appellate ruling in Northern County Mutual Insurance Company v. Timoteo Davalos, which addressed duty to defend when venue disputes arise between insurers and policyholders.
Davalos, who was involved in a car collision in Dallas County, sued the other driver, Steven Weinberg, in Matagorda County for negligence, according to court records. Weinberg and his wife then filed a negligence suit against Davalos and the driver of a third car in Dallas County.
Prior to requesting a defense from his insurer, Northern County, Davalos hired counsel, who filed a motion to transfer venue, seeking to have the Dallas Co. case transferred to Matagorda, in which he resided. Davalos's attorneys also notified Northern County and requested that the insurer provide a defense.
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