Texas Judge Refuses to Reconsider Duty-To-Defend Ruling

HOUSTON - A Texas federal judge on April 15 refused to reconsider her ruling that a legal malpractice insurer has a duty to defend a silica attorney against lawsuits stemming from his involvement in an alleged kickback scheme that generated millions of dollars in fees. American Guarantee & Liability Insurance Co. v. Hoeffner, et al., No. 08-1181 (S.D. Texas).

In January, Judge Nancy F. Atlas of the U.S. District Court for the Southern District of Texas denied American Guarantee & Liability Insurance Co.'s motion for summary judgment, determining that allegations in three underlying complaints brought against silica attorney Warren T. …