American Home Assurance Co. v. Stephens

982 S.W.2d 370, 1998 WL 831250

• Court: Texas Supreme Court
• Decided: February 4, 1999
• Docket: 98-0396
• Status: Published

Opinion

PER CURIAM.

This case comes to us on a certified question from the United States Court of Appeals for the Fifth Circuit. The question is “[wjhether it is against public policy for an insurer to limit coverage for a therapist’s non-sexual misconduct because sexual misconduct is alleged to have occurred in the same or related course of professional treatment, even though such sexual misconduct is immaterial to the non-sexual misconduct claims asserted.” 1 After careful consideration of the question, we conclude that Judge Reavley correctly applied Texas law in his dissent to the panel opinion that was subsequently -withdrawn. 2 For the reasons Judge Reavley explained, we answer the certified question no.

1 . American Home Assurance Co. v. Stephens, 140 F.3d 617, 618 (5th Cir.1998).

2 . American Home Assurance Co. v. Stephens, 130 F.3d 123, 128-30 (5th Cir.1997)(Reavley, J., dissenting), withdrawn, 140 F.3d 617 (5th Cir.1998).