Allstate Insurance Co. v. Hunt
In Allstate Insurance Co. v. Hunt, 450 S.W.2d 668, 671 (Tex. Civ. App.--Houston 14th Dist. 1970), aff'd, 469 S.W.2d 151 (Tex. 1971), the supreme court held that the trial court did not abuse its discretion in ruling that Allstate could not participate in defending the underinsured motorist.
The court emphasized that Allstate had agreed to be bound by the insured's suit against the other motorist and had been granted a severance of the suit against it.
The supreme court reasoned that Allstate had a primary duty to its insured and that the insurance company would have conflicting duties if the "uninsured motorist should later decide to bring a cross-action against the insured motorist, the company would find itself under a duty to defend both antagonists." 469 S.W.2d at 153.