Aetna Cas. & Sur. Co. v. Marshall
In Aetna Cas. & Sur. Co. v. Marshall, 724 S.W.2d 770, 772 (Tex. 1987) the Texas Supreme Court held that " section 16 of article 21.21 makes actionable any violation of Texas Business and Commerce Code section 17.46." (holding that injured worker was entitled to recover treble damages against insurer in suit under article 21.21, section 16 for "representing to him that it would provide benefits by the agreement and then failing to do so").
The court made it clear that contractual privity or third party beneficiary status is not required for standing to bring claims against insurers for negligent misrepresentation and deceptive acts and practices under the Insurance Code and the Texas Deceptive Trade Practices Act (DTPA). Id.
It emphasized, "The question is simply whether Aetna engaged in conduct prohibited by section 17.46." Id.