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Mid-Century Insurance Company v. Childs2/29/2000
and it is undisputed that coverage for all such damages under the policy has been exhausted, there is no coverage available and the insurer has no duty to defend Childs against such claim. An insurer is not obligated to defend where the complaint on its face alleges a claim that is excluded from the coverage of the policy. See Cook v. Ohio Cas. Ins. Co., 418 S.W.2d 712 (Tex. Civ. App.-Texarkana 1967, no writ); International Serv. Ins. Co. v. Boll, 392 S.W.2d 158 (Tex. Civ. App.-Houston 1965, writ ref'd n.r.e.); 46 Tex. Jur. 3d Insurance Contracts and Coverage ยง 1018 (1995). Mid-Century exhausted its policy limits for the claims made against Childs, i.e., the claims for only personal injury. Based on the language of the contract, we conclude that under the circumstances of this case the insurer is not required to provide a defense when it has already paid the total available funds for the type of claim involved. See Annotation, Liability Insurer's Duty to Defend Action Against An Insured After Insurer's Full Performance of Its Payment Obligations Under Policy, 27 A.L.R.3d 1057 (1969).
Because we conclude that the trial court erred in its application of the law to the stipulated facts, we reverse the judgment below and render judgment declaring that Mid-Century is not obligated to defend Childs in Nicole Dodson's suit.
Date Submitted: February 8, 2000
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