Extrinsic Evidence
Zurich Am. Ins. Co. v. Nokia, Inc., ___ S.W.3d ___, 2008 WL 3991183 (Tex. 2008) (Jefferson, with O’Neill, Wainwright, Medina, Green, Johnson, Willett concurring)
The underlying suit asserted bodily injury claims from putative class action claimants alleging that radiation emitted by their phones caused biological injury. Zurich agreed to defend under a reservation of rights as did National Union and Federal.
The trial court adjudicated in favor of all three insurers that they had no duty to defend. The court of appeals reversed, finding that bodily injury had been factually asserted as the suit sought damages because of bodily injury and the “business risk” exclusions were inapplicable.
Continue Reading...