Anderson, Greenwood & Co. v. Martin
In Anderson, Greenwood & Co. v. Martin, 44 S.W.3d 200, 212 (Tex. App.--Houston 14th Dist. 2001, pet denied), the Fourteenth Court of Appeals, citing numerous other courts of appeals' decisions, held the existence of a confidential or fiduciary relationship is "but one of the bases for imposing a duty to disclose information."
The court concluded there are at least three other situations in which a duty to speak may arise:
(1) when one voluntarily discloses information, he has a duty to disclose the whole truth;
(2) when one makes a representation, he has a duty to disclose new information when he knows the new information makes the earlier representation misleading or false;
(3) when one makes a partial disclosure and conveys a false impression, he has a duty to speak. Id. at 212-13.