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Thompson Coe recently filed an amicus brief on behalf of PCI (Property Casualty Insurers Association of America), addressing the applicability of Insurance Code art. 21.55 to defense costs under liability polices.  The brief was filed in Dallas Basketball, Ltd. v. TIG Insurance Company, in which a motion for rehearing is pending before the Supreme Court.  PCI supports TIG's position and the opinion of the Dallas Court of Appeals that 21.55 does not apply to defense costs, as the obligation of defense is not a first party claim.  If you would like a copy of the brief, please contact Rick Harmon, rharmon@thompsoncoe.com.

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J. Richard Harmon
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J. Richard Harmon

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