Prudential Ins. Co. v. Burke

In Prudential Ins. Co. v. Burke, 614 S.W.2d 847, 850 (Tex. Civ. App.--Texarkana), the court of appeals specifically considered on rehearing the question certified here and decided that section 38.006 allowed recovery for attorney's fees from insurers in breach-of-contract suits. See Burke, 614 S.W.2d at 850. The court of appeals held that the purpose of former article 2226 was "to exclude only those claims against insurance companies where attorney's fees are already available by virtue of other specific statutes." Burke, 614 S.W.2d at 850. Prudential filed an application for writ of error in this Court and raised two issues, one of which was whether it must pay Burke's attorney's fees on his breach-of-contract claim. The Court refused Prudential's application for writ of error. In a per curiam opinion, we acknowledged the attorney's fees issue and the other issue and then stated "the Court of Civil Appeals has correctly decided the case." Burke, 621 S.W.2d at 597. The Court then discussed a collateral issue in the case. Burke, 621 S.W.2d at 597. Thus, the Court affirmed the court of appeals' holding on the attorney's fees award.